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07/23/2012 Regular Session
CITY OF COLUMBIA HEIGHTS _ Gary L.Peterson 590 40th Avenue NE,Columbia Heights,MN 55421-3878 (763)706-3600 TDD(763)706-3692 Councilmembers Visit our website at:www.ci.columbia-heights.mn.us Robert A. Williams Bruce Nawrocki Tammera Diehm Donna Schmitt City Manager Walter R.Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday,July 23,2012 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services,programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the City Clerk at 763-706-3611,to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) 1. CALL TO ORDER/ROLL CALL/INVOCATION Invocation 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council,upon majority vote of its members,may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4.PROCLAMATIONS,PRESENTATIONS,RECOGNITION,ANNOUNCEMENTS,GUESTS A. National Night Out-August 7, 2012 p6 B. Recognition of Young Artist Showcase winners - Sister City Christine Wilda-Art Pakue Vang- Poetry C. Presentation- Tautges Redpath, Auditors 5. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A. Approve the minutes of the July 9,2012 City Council meeting. p7 MOTION: Move to approve the minutes of the July 9, 2012 City Council meeting. B. Accept Board and Commission minutes MOTION: Move to accept the June 6, 2012 Library Board meeting minutes. p15 MOTION: Move to accept the July 10, 2012 Planning and Zoning Commission meeting minutes. p18 MOTION: Move to accept the April 25, 2012 Park and Recreation Commission meeting p31 minutes. C. Approval of the attached list of rental housing licenses p35 MOTION: Move to approve the items listed for rental housing license applications for July 23, 3 City Council Agenda Monday,July 23,2012 Page 2 of 3 2012 in that they have met the requirements of the Property Maintenance Code D. Approve Business License Applications p42 MOTION: Move to approve the items as listed on the business license agenda for July 23, 2012 as presented. E. Review payment of the bills. p 44 MOTION: Move that in accordance with Minesota Statute 412.271, subd. 8 the City Council has received the list of claims paid covering check number 144272 through 144441 in the amount of $691,749.77. MOTION: Move to approve the Consent Agenda items. 6. PUBLIC HEARINGS A. Adopt Resolutions 2012-85, 328 Orendorff Way N.E., 2012-89,4344 2nd Street N.E., 2012-90, p52 4243 Van Buren Street N.E., 2012-91, 3815 2-1/2 Street N.E., 2012-92, 5005 7th Street N.E., 2012-94, 3851 2nd Street N.E., 2012-95, 3963 Jackson Street N.E., 2012-97, 4546 Tyler Street N.E., 2012-98, 3822-24 3rd Street N.E., 2012-99, 4030 Quincy Street N.E., 2012-100, 4217 Quincy Street N.E., and 2012-101, 3731 Pierce Street,being Resolutions of the City Council of the City of Columbia Heights approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2012-85, 89, 90, 91, 92, 94, 95, 97, 98, 99, 100 and 101 being ample copies available to the public. MOTION: Move to adopt Resolution Numbers 2012-85, 89, 90, 91, 92, 94, 95, 97, 98, 99, 100 and 101 being Resolutions of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental licenses listed. B. Adopt Resolution 2012-082 and Resolution 2012-083 being Resolutions Approving the Site Plan p77 and a 150-square foot area variance for signage for the building located at 5150 Central Avenue. MOTION: Move to waive the reading of Resolution 2012-082,there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2012-082, approving the Site Plan for the construction of a new façade for the building located at 5150 Central Avenue, subject to the conditions outlined in Resolution No. 2012-082. MOTION: Move to waive the reading of Resolution 2012-083, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2012-083, approving a 150-square foot area variance for wall signage per Code Section 9.106 (P)(13)(a)1 for the building located at 5150 Central Avenue, subject to the conditions outlined in Resolution No. 2012-083. C. Adopt Resolution 2012-084 being Resolution for the Approval of a 6-foot drive aisle width p90 variance, the 5-foot side yard setback variance, and a variance to allow two (2) less parking stalls than the minimum requirement for the property located at 4347 Central Avenue NE. MOTION: Move to waive the reading of Resolution 2012-084,there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2012-084, approving the 6-foot drive aisle width 4 City Council Agenda Monday,July 23,2012 Page 3 of 3 variance; the 5-foot side yard setback variance for parking; and the variance to allow two (2) less parking stalls than the minimum requirement for the building located at 4347 Central Avenue NE, subject to the conditions outlined in Resolution No. 2012-084. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations C. New Business and Reports 8. ADMINISTRATIVE REPORTS Report of the City Manager Report of the City Attorney 9. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall state his/her name and address for the record. 10. ADJOURNMENT --- Ze ‘ed4— Walter R. Fehst, City Manager WF/pvm 5 PROCLAMATION National Night Out August 7, 2012 WHEREAS: The National Association of Town Watch is sponsoring a special national, and international, community crime prevention campaign on the evening of August 7th,2012 called "National Night Out," and WHEREAS: It is important that all citizens of Columbia Heights be aware of the importance of crime prevention programs and the positive impact that their participation can have on reducing crime and drugs in our neighborhoods: and WHEREAS: "National Night Out" provides an opportunity for Columbia Heights residents to join together with over 15,000 communities across the country in support of safer neighborhoods and to demonstrate the success of cooperative crime prevention efforts; and WHEREAS: Neighborhood spirit and cooperation is the theme of the"National Night Out" project and plays an important role in helping the Columbia Heights Police Department fight the war on crime and drugs in our community. NOW THEREFORE, I, Gary L. Peterson, Mayor of the City of Columbia Heights, do hereby call upon all citizens of our community to join the Columbia Heights Police Department in supporting and participating in the 29th annual "National Night Out" event on Tuesday,August 7th, 2012. FURTHER LET IT BE RESOLVED that I hereby proclaim Tuesday, August 7th,2012 as "NATIONAL NIGHT OUT" in Columbia Heights. Mayor Gary L. Peterson 6 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY,JULY 9,2012 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, . July 09, 2012 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Pastor Dave Briley, Oak Hill Baptist Church, gave the invocation. Present: Mayor Peterson, Council member Williams, Council member Nawrocki, Council member Diehm, Council member Schmitt PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA Motion by Nawrocki to add Council Corner to the agenda. Peterson called for a second to the motion. Motion died for lack of a second. Nawrocki requested to bring up items under the City Manager's report. PROCLAMATIONS,PRESENTATIONS,RECOGNITION, ANNOUNCEMENTS, GUESTS - none CONSENT AGENDA Peterson removed items D and E so Council member Williams can abstain from voting. Nawrocki requested to remove item C for discussion. City Manager Walt Fehst took Council members through the consent agenda items. A. Approve Minutes of the June 25, 2012 City Council meeting Motion to approve the minutes of the June 25, 2012 City Council meeting B. Adopt Resolution No. 2012-81, being a Resolution designating election judges and salaries for the 2012 Primary and General Elections and designate the City Clerk authority to appoint emergency judges. Motion to waive the reading of Resolution No. 2012-81, there being ample copies available to the public. Motion to adopt Resolution No. 2012-81,being a Resolution designating election judges and salaries for the 2012 Primary and General Elections and designate the City Clerk authority to appoint emergency judges. C. 2011 Comprehensive Annual Financial Report-removed D. Authorize Mayor and City Manager to enter into Contract for Towing Contractor-removed E. Authorize Mayor and City Manager to enter into Contract for Car Wash Services—removed F. Approval of attached list of rental housing applications. Motion to approve the items listed for rental housing license applications for July 9,2012 in that they have met the requirements of the Property Maintenance Code. 7 City Council Minutes Monday,July 09,2012 Page 2 of 8 G. Approve Business License Applications Motion to approve the items as listed on the business license agenda for July 9, 2012 as presented. H. Review Payment of the Bills Motion that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has received the list of claims paid covering check number 144093 through 144271 in the amount of $2,937,089.02. Motion by Williams, second by Nawrocki, to approve the Consent Agenda items, with the exception of items C, D, and E. Upon vote: All ayes. Motion carried. Miscellaneous Regarding rental license revocations that are removed from the agenda prior to the Council meeting, Nawrocki requested to be notified if properties are settled by Friday so he does not have to check properties that will be removed at the meeting. Fehst stated he would pass that request along. Peterson stated that sometimes it is a matter of the fee not being paid and those properties would not have to be checked. C. 2011 Comprehensive Annual Financial Report Nawrocki asked how much time will be spent on this. Fehst stated that at the next meeting there will be a presentation and some questions will be answered. If Council members want the auditor to come to a work session, they can do so. Fehst stated that we have received a clean opinion. We will seek requests for proposals for auditors this year. When you accept bids,you don't necessarily always go with the low bid,but with the services we get. Nawrocki stated the increasing difficulty to follow the report. Some of the graphs/spreadsheets are difficult to read. He requested enlargements for the final discussion. Motion by Diehm, second by Schmitt, to recognize that the 2011 Comprehensive Annual Financial Report, including the independent auditors report, was distributed to the City Council, and move to schedule a presentation by the auditor for the July 23rd council meeting. Upon vote: All ayes. Motion carried. D. Authorize Mayor and City Manager to enter into Contract for Towing Contractor Motion by Diehm, second by Schmitt, to authorize the Mayor and City Manager to enter into a contract with Jeff s Bobby and Steve's Auto World for towing, impounding and storage of motor vehicles as specified in the City's Request and set forth in Auto World's response to the City's Request. The term of this contract is to be August 1, 2012 through July 31, 2014,unless terminated sooner pursuant to the termination provision. Nawrocki questioned that the recommended company is not the low bidder. Fehst stated that the low bidder was the contractor chosen last year,whose contract was terminated. Police Chief Scott Nadeau stated the specs gave maximum amounts. These amounts are charged to the vehicle owner. Administrative fees are when we hold a car for investigation. Forfeiture is for vehicles held for six months to a year. We look if the company is in or near Columbia Heights and require the impound lot be in Anoka County. We have to do search warrants on these and we prefer to secure the warrants in Anoka County. We also consider the number of hours the business is open per week. The recommended company is open 91 hours a week and 8 City Council Minutes Monday,July 09,2012 Page 3 of 8 the other company is open 50 hours a week.Nadeau stated that while contracted with Schmidt towing for six to eight months,they would drop our vehicles to go get other tows, leaving our vehicles unsecure. Jeff s Bobby and Steve's Auto World(JBS) is a local business. Nawrocki asked if an owner can call their own tow company and if Schmidt Towing meets the required specs. Nadeau stated yes and yes. We had a"not to exceed" amount and all bids were below that level. Fehst stated that Schmidt Towing was dropped based on performance. We could award to them, if the Council wants to take that chance again. Schmitt asked why Schmidt Towing was sent the specs to bid. Nadeau stated that bids were sent to all that requested them. He gave the history of the contract with Schmidt towing. The service was unacceptable and we lost confidence in them. Diehm indicated the negative comments received from their lack of custody chain. We were lucky that JBS was willing to pick up the contract. We were very satisfied with the service. We are not using any tax dollars and the convenience of pick up times is something she can support. Nawrocki again stated he was surprised that the specifications did not include"no dropping of a vehicle to pick up another tow".Nadeau stated that it is a reasonable expectation.Nawrocki stated this would not award to the low responsive bidder. Schmitt stated that City Wide also submitted a lower bid. Nadeau stated they are in Hennepin County and would contract with a lot 5.5 miles away.Nadeau stated this was outside the requirement. Schmitt questioned inside storage. Nadeau indicated situations where vehicles would need to be held in a secure location. Upon vote: Schmitt,nay; Williams, abstain; Diehm, aye; Nawrocki, nay; Peterson, aye. 2 ayes, 2 nays, 1 abstain. Motion failed. Fehst stated that technically,this contract does not have to come to the Council for approval. Many people do call their own tow company. Fehst stated that we would stay with the current contractor, JBS, as they do a good job for us and are open for business 80 percent more than the other contractor. Peterson stated that we have a local business bidding that is very active in our community and they have provided good service during the contract. They also stepped in to cover for a company we needed to remove. There have been no complaints. Nawrocki stated his decision is based on the specifications and the bids received, and the legal obligation to award bids to the low responsive bidder. Jim Hoeft, City Attorney, stated there is no legal obligation with a service contract. It would be problematic if you did not allow them to bid,but you can take into consideration past issues. There is no legal obligation to choose what you consider the low bidder. Diehm stated frustration that we cannot award a contract the Chief recommends. Schmitt asked the Chief if he had experience with these companies while in Brooklyn Center. Nadeau stated yes,with Schmidt Towing, but not City Wide. Schmitt indicated that Schmidt Towing may have fired those responsible for the problems.Nadeau stated he would defer to decision of Council. Many cities do not have contracts. We want to be above board and guarantee what people are charged and that they have reasonable access to their vehicles,proper storage, access for search warrants, and response time. The service prior to his coming to Columbia Heights could require waiting up to 45 minutes for a tow. Time spent waiting for a tow is important to Police Department operations. 9 City Council Minutes Monday,July 09,2012 Page 4 of 8 Fehst stated there were 313 impounds last year. He questioned the investigative hold charge. Nadeau stated that a stolen car in a burglary may be impounded for up to two weeks. Fehst asked about administrative forfeitures. Nadeau stated there may be five or six cars a year. Fehst indicated that most fees are recouped through insurance. Time spent to pick up a vehicle is very important. Nadeau stated that in totality of the circumstances,we recommend JBS. Fehst stated his intention would be to continue to work with JBS.Nawrocki referred to picking up the vehicle at night,that person may still need to get paperwork from the Police Department. The attorney stated again that there is no legal obligation to choose the low responsive bidder. It is certainly a moral responsibility. There is a legal difference between a service contract and a product contract. The towing contract is within the City Manager's spending authority. There is no money spent for this contract, therefore the Council has given that authority to the City Manager. The City Manager, Mayor, and Police Chief can determine what policy to use for towing vehicles. The Chief formalized the policy with a towing contract. That will not be available, so the City Manager, Mayor, and Police Chief will have to determine how to handle towing, and they have the authority to do that. Peterson stated that he voted yes, as this is the best service available and the hours they are open are very beneficial to our citizens. Deb Johnson,4626 Pierce Street, stated that if you are in an accident you can request another service; but if you are a crook, I want you to pay as much as possible. E. Authorize Mayor and City Manager to enter into Contract for Car Wash Services Motion by Nawrocki, second by Diehm, to authorize the Mayor and City Manager to enter into a contract with Jeff s Bobby and Steve's AutoWorld for car wash services as specified in the City's Request and AutoWorld's response to the City's Request. The term of this contract is to be August 1,2012 through July 31,2014,unless terminated sooner pursuant to the termination provision. Schmitt aye,Williams, abstain, Diehm, aye,Nawrocki aye, Peterson aye—4 ayes— 1 abstention. Motion carried. PUBLIC HEARINGS -none ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions -none B. Bid Considerations Accept Bids for the Argonne Lift Station replacement and consideration of contract award Kevin Hansen, Public Works Director, stated that plans and specs were prepared,publically advertised, and sent to the ten companies on our list. We received two bids with a spread of only one percent. The bids were about 35% over the engineered estimate. The engineer found that the increases were on the pump and SCADA system. We could rebid the project or wait to do it,but neither would give us cost savings in the future. The bids are close and we would recommend continuing with the project. There is an alternate for a generator. Nawrocki stated that the bid time frame was very short. This also recommends the high bidder if you include the base bid and alternate. Hansen stated the market for this work is specialized. We expected two to four bidders. This was advertised prior to the Council meeting. The spec was written to award the contract on the base bid, excluding the alternate. Seth Peterson, Bolten Menke, stated the reason to award on the base bid. Adding in alternates could allow ambiguity or 10 City Council Minutes Monday,July 09,2012 Page 5 of 8 favoritism. He explained the need for this lift station and the advantage of including a generator, in case of loss of utility power. Fehst asked the age of the lift station. Hansen stated it was put in place between 1962 and 1965, with the pumps replaced about 30 years ago. Nawrocki stated that staff is recommending the alternate, even though the bid is 30%higher. He felt we should reject the bid and rebid it. Hansen stated that we did have a power outage and lost - power to this station. You may run the risk of a sewage overflow. Motion by Diehm, second by Williams, to accept the base bid and award the Argonne Lift Station replacement, City Project No. 1114, to Penn Contracting of Blaine, Minnesota based upon their low, qualified responsible bid in the amount of$243,590. Schmitt stated that if we reject this bid they could come back with a higher amount. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to accept Alternate 1 in the amount of$41,100 with funds to be appropriated from Fund 651-5114-5185; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Upon vote: Schmitt, aye; Williams, aye; Diehm, aye; Nawrocki, aye; Peterson, aye. 5 ayes. Motion carried. C. New Business and Reports -none ADMINISTRATIVE REPORTS Report of the City Manager Fehst stated that the City Council received a report from the City Clerk indicating that residents may now cast an absentee ballot at city hall. Prior to this they had to go to Anoka County. He listed the reasons allowing someone to vote absentee. Schmitt stated that she wanted to make sure people are aware of this. Fehst stated that Crest View will have an appreciation picnic on July 31 at 4458 Reservoir Blvd. Nawrocki asked for copies of hand out material received by the Library Task Force and the financial report from our local fire fighters organization. He spoke on budget concerns to not increase property taxes and referred to other cities cutting jobs to keep property tax levies in line.Nawrocki requested follow up on the Department of Health review of Hookah stores. Fehst stated that they have not followed up with us. Nadeau stated that this is the State's jurisdiction.Nawrocki stated concern that the authority we gave them complies with state laws.Nawrocki questioned the water pressure issue brought up at the last meeting. Fehst stated that we are doing a water pressure study and will then decide what to do.Nawrocki referred to the two insurance letters for sewer line breakage. He thought one was to be for water. Schmitt stated that the second was a follow up to the first sewer letter and no one has received the water one yet.Nawrocki asked if this covers the line from the house to the street. Fehst stated yes.Nawrocki asked if it covers a plugged line. Fehst stated he would research this and let him know.Nawrocki asked to be given the food cost for his meals at the upcoming city picnic and employee picnic so he can pay this cost. There is a weedy area on the stub of 38th and Quincy to be taken care of and trash on the ground at the shopping center on 50th and University. The city owned garden lot at 4235 Washington Street has some containers at the back of the lot that need to be removed. Peterson commented that the property looks like a park now, 11 City Council Minutes Monday,July 09,2012 Page 6 of 8 compared to what it was. This may be used again next year as a community garden. Report of the City Attorney—nothing to report CITIZENS FORUM Peterson asked that we remember our service men and women. We just lost six more service members. Keep them in your thoughts and prayers. This is very tough on the families. Don't take ourselves too seriously and do a random act of kindness. ADJOURNMENT Mayor Peterson adjourned the meeting at 8:38 p.m. Patricia Muscovitz CMC City Clerk RESOLUTION 2012-81 BEING A RESOLUTION DESIGNATING ELECTION JUDGE SALARIES AND ELECTION JUDGES FOR THE 2012 PRIMARY AND GENERAL ELECTIONS WHEREAS: There are scheduled elections in the City of Columbia Heights and the State of Minnesota;and WHEREAS: Pursuant to City Charter, Section 30,and M.S.S.204A,the Council shall appoint the following qualified voters to be judges for the 2012 Primary and General election. Precinct 1-Murzyn Hall-530 Mill St. HJ Faye Cleasby AHJ Robert Petty Dolores Strand Fran Jensen Ardeth Bircher Charles Kewatt Darlene Bielejeski Lee Bak Gene Foreseide Kathy Fossum Diane Gomez Precinct 2-Immaculate Conception-4030 Jackson St. HJ Jo Ann Kewatt AHJ Marilyn Vaughan Mark Emme Jacque Block Cliff Shedlov Gretchen Gallagher Weinstein Bev Holub Robert Peltier Clara Shattuck Billy Jo Cox Daja Flournoy-student Precinct 3-Parkview Villa-965 40th Avenue HJ Dan Steiskal AHJ Marna Gomez Dolores Fowler Marie Heskowitz Katie Landwehr John Logacz 12 City Council Minutes Monday,July 09,2012 Page 7 of 8 Barbara Miller Deborah Nero David Sims Michelle Ferreira Precinct 4-Highland Elem School-1500 49th Avenue HJ Marsha Stroik AHJ Joel Andrychowicz Shirley Browning Betty Krahl Soundra Burgoyne Dianne Cummings Thomas Kimock Shirley Hartley Kathleen Johnson Delores Marquette Diane Porath Karl Haynus Precinct 5-First Lutheran Church-1555 40th Ave HJ Joan Kinde AHJ Joanne Nelson Nancy French Irene Ricci Lorrie Nalezny Clara Schmidt Sharon Shedlov Debra Grisco Latresia Garrett Thompson Marion Bernard Precinct 6-Highland Elem.School-1500 49th Ave HJ Stephen Iserman AHJ Michael McGee LaVone Seim Kay Mayer Doris Sunheim Carol Lawler Barbara Marshall Mary Meier Bruce Shellito Linda Fehst Brieanna Lewis-student Precinct 7-Valley View Elem School-800 49th Ave HJ Kathryn Morales AHJ Ann Kronstedt Robert Carson Joan Fuhrmann Fatuma Elmi Barb Nundahl John Vachuska Carol Felland Arthur Goedeking Barbara Tantanella Anne Binczik Edvard Kuzko-student Precinct 8-Valley View Elem School-800 49th Ave 13 City Council Minutes Monday,July 09,2012 Page 8 of 8 HJ Teresa Carson AHJ Jeani Cox Stephen Emme Mary Dowdle Irene Sunt Dorothy Penate Jenna Fish . Carol Geier Sue Murzyn Laurel Best Mary Ann O'Brien NOW,THEREFORE,BE IT RESOLVED,that the City Council of the City of Columbia Heights does appoint the afore mentioned as election judges,by precinct,for the Primary Election on August 14,2012 and the General Election on November 6, 2012,with an hourly remuneration of$11.00 for Head Judge,$10.75 for Assistant Head Judge,$10.50 for an Election Judge,and $6.75 for students.The City Clerk may designate emergency judges,as necessary. 14 APPROVED 7/3/2012 COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES June 6,2012 The meeting was called to order by Chair Patricia Sowada,at 6:30 p.m. Members present were:Nancy Hoium, Steve Smith, Patricia Sowada,Barbara Tantanella,and Catherine Vesley.Also present: City Council Representative Tami Diehm,Library Director Becky Loader,Adult Services Librarian Renee Dougherty and Recording Secretary Stacey Hendren. The minutes of the May 2, 2012 Board meeting were approved as mailed. The bill list dated 5/2/12 of 2012 bills was reviewed. It was moved,seconded,and passed that the bills be paid. The bill list dated 5/16/12 of 2012 bills was reviewed. It was moved, seconded, and passed that the bills be paid. The bill list dated 5/30/12 of 2012 bills was reviewed. It was moved, seconded, and passed that the bills be paid. The 2012 accounting dated 6/6/12 was reviewed. Sowada formally welcomed Dougherty to the Board meeting. Old Business: A. On June 4th,the Library Task Force toured and evaluated 9 potential sites. On June 25th,the Library Task Force will host a listening session. The three subgroups,types of space,location,and technology will have an informal dialog with the public. The survey, annual report, article on library partnerships,and maps provided by Public Works of population density and potential sites will be available for review. Members of the Task Force will be at the Library during the Jamboree. At the June 18th meeting,the Library Task Force will listen to presentations from Eric Brown about construction costs,and Cindy McCleary concerning marketing research and architecture concepts. The Board discussed the Library Journal Article,Powerful Partnerships. Smith recommended using the information in the article to look at the potential sites and find the strong points of each site. Loader noted the benefits of sharing costs for larger scale items like utilities and parking. Vesley shared first- hand knowledge of the Rifle Library, and the Fruita Branch Library mentioned in the article. Vesley noted their similarities in demographics and size to Columbia Heights. In addition,Vesley mentioned the library in Estes Park. Loader highlighted the picture of the Milwaukee Library which contains Agati Furniture. Loader will use Agati for replacement furniture in 2012 due to their quality and complimentary styles to the Library's Buckstaff furniture. Board members discussed the potential sites on 42nd and 47th Ave considering visibility,light,and options for collaboration. B. Board members were reminded of the Jamboree Parade on June 22°1. The parade starts at 6 with setup beginning at 5:15. C. The Third Annual Live at the Library celebration will take place on June 9th. Board members are encouraged to attend. Columbia Heights will host five events and programs will take place at all Anoka County Libraries. 1- 6/6/12 15 New Business: A. The April crossover statistics were reviewed by the Board. Board members noted the volume at Rum River,and appreciate the new format. B. The Board reviewed the Unique Management Status Report for April. C. Sherry Oaks,ACL,provided statistical reports for Loader. The catalog title count totals all new titles added to Anoka County,including Columbia Heights. The holds count totals how many items were brought to Columbia Heights for patron requests. The Board noted the high demand of items and how the statistics demonstrate the high use and value of libraries. D. The monthly intransit items,sent&received,reports total how many items travel in the delivery system. Smith asked what LSS stood for. Loader stated that LSS is the Library Support Services building for ACL,housing the administrative offices. Sowada proposed that these statistics be added to the Green Sheet. E. The Board reviewed the borrower breakout statistics listing the total users and new users added for April. The Board was surprised by the high statistic for new users. Vesley commented on the recent and ongoing rapid changes in technology and how the need of technical services drives the need of library services. F. The Board reviewed the 2013 proposed Library budget. The draft follows a similar format as previous years and Loader drew attention to changes and unique items for 2013. The activity description contains the new mission statement,and the objectives list the goals from the new strategic plan. The comments explain the 2%increase,exclusive of personnel. The Board discussed the 2-year insurance contract,workers compensation policy,and the experience modifier. The supplies section has minor changes,but includes the replacement of computers using Windows XP, the addition of a line item for eBooks,and shelving in the Children's Department. Overall the other services and charges total has decreased due to energy efficiency projects,building insurance,and a lower gas bill due to the new boiler. Increases are included for adult performers,the ILS system,and an educational reimbursement request. Loader mentioned that the levy increase is 1.4%. Revenue changes include an increase in printing revenue due to the new print manager and copier, increased sales from the sale cart,and a decrease in DVD rental revenue. The Library has changed the collection policy and many more videos are free. Smith requested an explanation of"Ad Valorem." Loader stated that this line contains the levy. Smith verified that Ad Valorem is the funds from the levy and the additional lines are revenue from other sources. Loader explained the three requests from the 411, General Buildings, account. The 20 year old carpet in the Adult Reading Room needs to be replaced with sturdy carpet tiles. The exterior stucco needs to be repaired and re-splashed. Finally,the Library needs a sump pump installed to handle the water flow in the front stairwell. The Board discussed the per capita figures as levy only local support divided by population. Diehm stated that the per capita for the library must be equal or greater than the County per capita of the previous year. Motion: To recommend approval of the proposed budget for 2013. The motion was seconded and passed. G. The Board reviewed the thank you letter to the Friends and admired the new coat rack. H. The Board appreciated the thank you letter to Olive and Derek Braun. The funds were undesignated and will be used for programs and services. 2- 6/6/12 16 I. The Board admired the new Boardroom clock. Vesley received a thank you letter and invoice. J. The Board was notified of changes to the Page staff. Lauren Gutkaes and Dan Kleinfehn requested leaves for the summer to pursue employment opportunities.Rukia Sheikh-Mohamed has withdrawn from the regular schedule due to conflicts with school. Linda Magee,Human Resources,has authorized Loader to advertise for Pages. Loader will hire two pages and anticipates training to be completed for the fall schedule. K. The Board was notified of the changing staff schedule for summer starting June 11th The Board received the summer events calendar and the Live at the Library brochure. The Board commended Candice Marsh,Library Assistant on her excellent graphics and calendar. Loader encouraged the Board to look at the Library website,cable channel, and Facebook page for updates. L. The Board appreciated the Library Journal article,Powerful Partnerships and has no additional comments. Items from the Floor: A. Stephen D. Smith was selected as the Columbia Heights 2012 Humanitarian of the year. Board members were invited to the reception and award ceremony on June 1 ltt'at 6:00 p.m. B. Velsey notified the Board that she has filed for City Council. The Board discussed the primary on August 11 tt', and was notified of the candidates. C. Sowada commended Mai Kao Xiong,Children's Librarian,on her school presentations. Sowada enjoyed a presentation at Highland Elementary while subbing. D. Loader notified the Board that the broken concrete in the patio has been replaced. The new table,bench and bike rack will be installed after the concrete cures. There being no further business, the meeting was adjourned at 7:59 p.m. Respectfully submitted, Stacey R. Hendren Recording Secretary,Library Board of Trustees The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services,programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights services, programs, and activities. 3- 6/6/12 17 DRAFT COPY PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING JULY 10,2012 7:00 PM The meeting was called to order at 7:00 pm by member Rob Fiorendino. Commission Members present- Fiorendino, Kinney, and Little. Members Absent: Peterson and Szurek. Also present were Council Liaison(Mayor Peterson),Jeff Sargent(City Planner), and Shelley Hanson(Secretary). Fiorendino introduced Chris Little as the new appointee to the Planning &Zoning Commission. The members all welcomed him to the Board. Motion by Kinney, seconded by Little, approve the minutes from the meeting of June 5, 2012. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: 2012-0701 APPLICANT: Total Health Square-David Lu LOCATION: 5150 Central Avenue REQUEST: Variance & Site Plan Review Sargent stated that at this time, the applicant is requesting a 150-square foot area variance for wall signage per Code Section 9.106 (P)(13)(a)1. The City's Zoning Code requires that businesses in the GB, General Business District are permitted any number of wall signs on any side of a building not to exceed 200 square feet of total surface area for all wall sign surfaces. The applicant owns a multi-tenant building with each tenant needing wall signage to promote their business. The applicant would also like to add a larger wall sign denoting the name of the building/business center. For this reason, the applicant is requesting a total of 350 square feet of wall signage, requiring a 150-square foot area variance for signage. The property is also located within the Design Guideline Highway District, and is subject to a Site Plan Review to ensure compliance with the Design Guidelines. At this time, the applicant is also seeking approval of the proposed Site Plan. ZONING ORDINANCE The property located at 5150 Central Avenue is zoned GB, General Business District, as are the properties to the north, south and east. The properties to the west are zoned R-3, Multiple Family Residential. SIGNAGE. As stated previously, the Zoning Code requires that businesses in the GB, General Business District are permitted any number of wall signs on any side of a building not to exceed 200 square feet of total surface area for all wall sign surfaces. Staff feels that this ordinance is limiting for multi-tenant buildings. Larger buildings would have a more difficult time supplying 18 P &Z Minutes Page 2 July 10, 2012 adequate signage for its tenants than smaller buildings with fewer tenants would. This ordinance is being reviewed for a possible amendment to appease this discrepancy. The applicant is proposing an additional 150 square feet of signage in order to adequately - promote the building as a health center. Office signs will be added above the individual tenant spaces to help direct customers to the correct part of the building. In addition, and overall building sign will be incorporated,which names the building as the"Total Health Square". SITE PLAN. The applicant is proposing a completely new design for the front of the building. He would like to get rid of the existing façade and incorporate a new building face that supplies more surface area for signage. The proposed façade is not a solid wall; it incorporates a welded wire mesh within a tube steel frame, which will be see-through. The overall height of the building increases from approximately 16 feet in height to approximately 23 feet above the main floor line. The same architecture will wrap around the sides of the building, completing the design. ::., gal Existing Building The proposal is consistent with the Design Guidelines in terms of architecture and the types of signage being used. Sargent displayed some examples of the type of architectural design they are proposing for the new façade. COMPREHENSIVE PLAN The Comprehensive Plan guides this area as Commercial. A variance to allow more signage to accommodate an existing use is consistent with the intent of the Comprehensive Plan. 19 P &Z Minutes Page 3 July 10, 2012 FINDINGS OF FACT (Variance) Section 9.104 (G) of the Zoning Ordinance outlines five findings of fact that must be met in order for the City Council to grant a variance. They are as follows: a) Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause practical difficulties in conforming to the zoning ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the zoning ordinance. In this case, the need for the variance is a function of the debilitating nature of the ordinance. The applicant feels that the ordinance is geared more for single or fewer- tenant buildings, and generally not suitable for larger-tenant buildings. The property will still be used in a reasonable manner with the proposed variance. b) The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. The conditions upon which the variance is based are a function of the size of the building. The building has 8 tenant spaces, each with their own sign. The applicant would like to incorporate additional signage on the building to promote the building as a "Total Health Square". There are other multi-tenant buildings that have at least 8 tenant spaces, so this situation is not unique to this particular parcel. However, it is anticipated that those other buildings most likely have greater than 200 square feet of signage on the building. c) The practical difficulties are caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. As stated previously, staff feels that the Zoning Code is limiting to larger, multi-tenant buildings in regards to the total amount of wall signage allowed. The provisions of the ordinance, therefore, are the driving force behind the variance request, and have not been created by any person currently having a legal interest in the property. d) The granting of the variance is in harmony with the general purpose and intent of the comprehensive plan. The Comprehensive Plan guides this area as Commercial. A variance to allow more signage to accommodate an existing use is consistent with the intent of the Comprehensive Plan. e) The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. After reviewing the proposed elevations, the amount of signage on the building is proportional to the overall building and does not have the appearance of being over indulgent. For this reason, the granting of the variance will not be materially detrimental to the public welfare or value of property in the vicinity. 20 P &Z Minutes Page 4 July 10, 2012 FINDINGS OF FACT (Site Plan) Section 9.104 (N) of the Zoning Ordinance outlines four findings of fact that must be met in order for the City to approve a site plan. They are as follows: a) The site plan conforms to all applicable requirements of this article. The site plan meets all applicable Design Guidelines for the property. The proposed signage requires a variance, which has been applied for. b) The site plan is consistent with the applicable provisions of the city's Comprehensive Plan. The Comprehensive Plan guides this area as Commercial. A variance to allow more signage to accommodate an existing use is consistent with the intent of the Comprehensive Plan. c) The site plan is consistent with any applicable area plan. There is no area plan for this portion of the city. d) The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. The proposed site plan does not incorporate the expansion of the building, and this will have no impact on property in the immediate vicinity and the public right-of-way. Staff recommends approval of the 150-square foot area variance for new wall signage, as it is a reasonable use of the property. Staff also recommends approval of the Site Plan as it meets all applicable requirements of the Design Guidelines. Questions from members: Little confirmed with Sargent that the Zoning Code only allows for 200 sf of signage, no matter how large the building is, or how many tenants may be located there. He then asked if any other buildings in the City exceeded the 200 sf maximum allowed for signage. Sargent said he knows of a couple, that are similar in the fact that they have multiple tenants. Little asked what the average size of the tenant spaces were in this building. Sargent did not have those figures,but told members that the new owners plan on remodeling the old racquetball club space into additional office space so they will be adding 5-6 tenants, which will further reduce the square footage for signage for each tenant if the variance is not granted. He explained that when the new owners purchased the building,they also purchased additional land to accommodate parking space needs. Staff feels the variance is necessary in order for each business to have adequate signage to identify their individual businesses. Little agreed and supports the request. He thinks the remodeling of the interior and exterior will be an improvement to the site and wants to see the businesses succeed. Fiorendino also liked the plans to update the façade of the building. However, he did question how it meets the first Finding of Fact for the variance request. He didn't think we should ignore the code in place as it opens up the possibility that other businesses may also request a variance 21 P &Z Minutes Page 5 July 10, 2012 for larger signage. Sargent explained that it meets the first Finding of Fact in that a hardship is created. A single, stand-alone business may have 200 sf of signage,but under the current code a building with 8-15 tenants must share that same square footage of signage. In a building with multiple tenants, and smaller signs, it is hard for those businesses to draw attention to their location. Fiorendino said he felt the Zoning Code should be changed rather than granting variances on individual requests. He said there are a lot of multi-tenant buildings up and down Central Avenue. Sargent said he agreed, and this deficiency in the code is something that is being looked at by the Steering Committee. Amending the code will take some time, however, and in the meantime the tenants at this building would suffer. Plus, they are undertaking the façade remodeling now and don't want to expend further resources to re-do the signs in a year or two. Sargent didn't think the granting of this request would prompt a lot of requests for additional signage variances. Little asked how other cities handle signage issues for single business sites versus those who have multiple tenants. Sargent said some go by percentage of sf of the building itself and others use a percentage of wall area of each tenant space. Little agreed with Fiorendino that it potentially opens the door for other requests,but doesn't feel this will be a huge problem. He stated that if the code is amended in the future it would hopefully address different sized buildings and different applications to make it more equitable. Public Hearing Opened: Reed Robinson, Architect, who designed the façade change and remodeling, explained that a mezzanine level will be added in the back of the building that formally was used as racquetball courts, thus creating the 5-6 additional tenant spaces. He said without the variance being granted, the addition of more office/business spaces would further reduce the sf of each sign. Public Hearing Closed. Motion by Kinney, seconded by Little, that the Planning Commission recommends the City Council approve the 150-square foot area variance for signage per Code Section 9.106 (13)(13)(a)1 of the City Code, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. All application materials, maps, drawings, and descriptive information submitted with the application shall become part of the permit. Ayes-Kinney and Little Nays-Fiorendino MOTION PASSED. Motion by Kinney, seconded by Little, that the Planning Commission recommends the City Council approve the Site Plan for the construction of a new building façade, as it is consistent with the Design Guidelines. All ayes. MOTION PASSED. The following Resolutions will go to the City Council at the July 23, 2012 meeting. 22 P &Z Minutes Page 6 July 10, 2012 RESOLUTION NO.2012-XXX RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR DAVID LU WHEREAS, a proposal (Case # 2012-0701) has been submitted by David Lu to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 5150 Central Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: 150-square foot area variance for wall signage per Code Section 9.106 (P)(13)(a)1. WHEREAS,the Planning Commission has held a public hearing as required by the City Zoning Code on December July 10, 2012; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: 1. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause practical difficulties in conforming to the zoning ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the zoning ordinance. 2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. 3. The practical difficulties are caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. 5. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. FURTHER, BE IT RESOLVED, that the attached plans, maps, and other information shall become part of this variance and approval; and in granting this variance the city and the applicant agree that this variance shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. 23 P&Z Minutes Page 7 July 10, 2012 CONDITIONS ATTACHED: 1. All application materials, maps, drawings, and descriptive information submitted with the application shall become part of the permit. RESOLUTION NO. 2012-XXX RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR THE CONSTRUCTION OF A NEW FACADE FOR THE BUILDING LOCATED AT 5150 CENTRAL AVENUE WITHIN THE CITY OF COLUMBIA HEIGHTS,MINNESOTA WHEREAS, a proposal (Case #2012-0701) has been submitted by David Lu, to the City Council requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 5150 Central Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for the construction of a new building façade for the property located at 5150 Central Avenue NE. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on July 10, 2012; WHEREAS the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed site plan upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic,property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the Planning and Zoning Commission accepts and adopts the following findings: 1. The site plan conforms to all applicable requirements of this article. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. 3. The site plan is consistent with any applicable area plan. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the petutit. CONDITIONS ATTACHED: 1. All application materials, maps, drawings and descriptive information shall become part of the permit. Passed this 23rd day of July, 2012, 24 P &Z Minutes Page 8 July 10, 2012 CASE NUMBER: 2012-0702 APPLICANT: Yousef Abuhekal LOCATION: 4347 Central Avenue NE REQUEST: Drive Aisle Width Variance,Parking Setback Variance, Parking Stall Requirement Variance At this time, the applicant is requesting three variances in association with locating a tire sales and repair business located at 4347 Central Avenue NE. The three variance requests are as follows: 1. A 6-foot drive aisle width variance per Code Section 9.106 (L)(7)(b) 2. A 5-foot side yard setback variance for parking per Code Section 9.110(C) 3. A variance to allow two (2) less parking stalls than the minimum requirement per Code Section 9.106 (L)(10). The applicant wishes to locate his business in the former Anderson's Heating and AC building located at 4347 Central Avenue. Currently, there is no striped parking on the premises. Because the change of use requires more parking than the type of business previously at that location, the new business would have to comply with all the minimum requirements of the City Code pertaining to off-street parking. ZONING ORDINANCE The property located at 4347 Central Avenue is zoned GB, General Business District, as are the properties to the north, south east and west. The City's Code requirements pertaining to parking and drive aisle widths are as follows: 1. Code Section 9.106 (L)(7)(b) requires that each off-street parking space shall have direct access to an aisle no less than 24 feet in width. Due to the placement of the building on the property, the access width for the parking area is only 18 feet wide. For this reason, a 6-foot drive aisle width variance is needed. 2. Code Section 9.110 (C) requires that the side yard setback for parking in the GB, General Business District is 5 feet. The drive aisle abuts directly to the south(side) property line. For this reason, a 5-foot parking lot setback variance is needed. 3. Section 9.106 (L)(10) requires one (1)parking stall for each 300 square feet of gross floor area, plus two (2)parking stalls per service bay for any type of automobile repair facility. The existing building is 2,578 square feet and the business will incorporate one (1) service bay, requiring a total of 11 parking stalls. The site plan indicates that there will be nine (9)parking on-site parking stalls,requiring a 2-parking stall variance. CONSIDERATIONS The preexisting placement of the building on the undersized parcel demonstrates an undue hardship on the property, justifying the parking setback and drive aisle width variances. The need for the 2-parking stall variance is strictly a function of the type of business that wishes to locate on the premises. The previous use of the building as an office/retail facility only needed 25 P&Z Minutes Page 9 July 10,2012 to supply 1 parking stall for each 300 square feet of office/retail area. Given the dimensions of the building, the previous use would have needed 9 parking stalls. The accompanying site plan indicates that 9 parking stalls could be placed on the parcel with the parking and drive aisle width variances. Because the proposed business is an automobile repair facility, the City Code requires 2 extra parking stall for each service bay that the business will utilize. The building itself would be able to accommodate up to 3 service bays, however Staff advised the applicant to keep the variance requests as limited as possible. With that said, the applicant indicated that he would only use 1 service bay in order to keep the parking stall variance as small as possible. COMPREHENSIVE PLAN The Comprehensive Plan guides this area as Commercial. The proposed variances would enable a business to locate in a vacant commercial space. For this reason,the proposals are consistent with the Comprehensive Plan. FINDINGS OF FACT (Variance) Section 9.104 (G) of the Zoning Ordinance outlines five findings of fact that must be met in order for the City Council to grant a variance. They are as follows: a) Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause practical difficulties in conforming to the zoning ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the zoning ordinance. The physical surroundings and the configuration of the property cause the necessary undue hardship to juste the parking setback variance and the drive aisle with variance. Again, the 2-parking stall variance cannot be avoided with the type of business that is willing to operate from this location because there is not physically enough room on the property to place 2 more parking stalls. b) The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. There are many undersized commercial properties along Central Avenue in The GB, General Business District. The uniqueness of this particular parcel is the placement of the building on the property in relation to the existing driveway openings and property lines. Physically, there is no way to accommodate the minimum requirements of the Zoning Code for parking setbacks and drive aisle widths without the need of a variance. c) The practical difficulties are caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. The provisions of the article require certain setbacks, drive aisle widths and number of parking stalls. The property at 4347 Central Avenue is too small to accommodate these requirements. The hardships have not been created by persons having a legal interest in the property. 26 P &Z Minutes Page 10 July 10, 2012 d) The granting of the variance is in harmony with the general purpose and intent of the comprehensive plan. The Comprehensive Plan guides this area as Commercial. The proposed variances would enable a business to locate in a vacant commercial space. For this reason, the proposals are consistent with the Comprehensive Plan. e) The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. The granting of the variances should not be materially detrimental to the public welfare or the use of the properties in the vicinity. The variance requests will have conditions imposed on them to help ensure this. RECOMMENDATION Staff recommends approval of the 6-foot drive aisle width variance and the 5-foot side yard setback parking variance. Staff feels that the applicant has done a sufficient job in attempting to limit the degree of the parking stall variance in that he has agreed to limit his business to 1 service bay. Although a different use of the property would not require a parking stall variance, the conditions of approval should ensure that the property is being used properly. For this reason, staff would also recommend approval of the variance for 2 fewer parking stalls than required by code. Sargent reviewed the conditions with members. Questions by members: Little said he is not a stranger to developing small parcels in this City. He doesn't necessarily feel this is the best use of this site and questioned how many bays they would have to service vehicles. Sargent said in order to closely meet the parking space requirement they have limited the business to one service bay. The other space in the building may be used to store vehicles or tires. Little asked what differentiates a service bay from a storage area. What prohibits them from working on multiple vehicles inside the building, and he asked if they would be doing engine repair or just tire repair/replacement. Fiorendino asked how we define a service bay. Sargent explained that we don't. Fiorendino then asked if we could prohibit the business from expanding to doing auto repair. Sargent said we couldn't because it is properly zoned for that type of business. Whatever variance is approved stays with the building, even if it is later sold. Sargent said that as long as the conditions are met, it should not be a problem. A condition of working on one car at a time could be added to the conditions if the members choose. Sargent reminded them that the conditions are a tool for enforcement. Kinney questioned how the site would accommodate 9 parking spaces and still be able to maneuver vehicles around the lot. She thought it would be very difficult with the proposed layout. Little said any business coming into this site would have a difficult time meeting parking requirements. 27 P&Z Minutes Page 11 July 10, 2012 Fiorendino said we want to fill vacant business sites in the City and the goal of the conditions is to minimize the impact the business will have on its neighbors. He thinks the conditions noted will do just that. Public Hearing Opened. Mike Medina, the Project Architect for the business/applicant was present. Little asked him if the business owner had plans to expand the business to other types of vehicle maintenance/repair, other than replacing tires. He stated that he did not have plans to do so. Medina stated he knows it is a difficult site to work with,but feels this business would work on the site based on one operating service bay which will limit the need for additional parking spaces. Public Hearing Closed. Motion by Little, seconded by Kinney,that the Planning Commission recommends the City Council approve the A 6-foot drive aisle width variance per Code Section 9.106 (L)(7)(b), a 5- foot side yard setback variance for parking per Code Section 9.110 (C) and a variance to allow two (2) less parking stalls than the minimum requirement per Code Section 9.106 (L)(10) of the City Code, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. All application materials, maps, drawings, and descriptive information submitted with the application shall become part of the permit. 2. All vehicles waiting for repair or pick-up shall be stored within an enclosed building or in designated off-street parking spaces. 3. At no time shall there be more vehicles waiting for repair or pick-up in designated off- street parking spaces than the number of off-street parking spaces provided. 4. All work shall be performed within a completely enclosed building. S. All vehicles parked or stored on site shall display a current license plate with a current license tab. Outside storage of automobile parts, including tires, or storage of inoperable vehicles or salvage vehicles shall be prohibited. 6. The sale of vehicles shall be prohibited, unless permitted by conditional use. 7. The use shall employ best management practices regarding the venting of odors, gas and fumes. Such vents shall be located a minimum of ten feet above grade and shall be directed away from residential use. All storage tanks shall be equipped with vapor-tight fittings to eliminate the escape of gas vapors. All ayes. MOTION PASSED. The following Resolution will go to the City Council at the July 23rd meeting. RESOLUTION NO. 2012-XXX RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR YOUSEF ABUHEKAL WHEREAS, a proposal (Case#2012-0702) has been submitted by Yousef Abuhekal to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: 28 P &Z Minutes Page 12 July 10, 2012 ADDRESS: 4347 Central Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 6-foot drive aisle width variance per Code Section 9.106 (L)(7)(b); a 5-foot side yard setback variance for parking per Code Section 9.110 (C); and a variance to allow two (2) less parking stalls than the minimum requirement per Code Section 9.106 (L)(10). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on December July 10, 2012; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: 1. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause practical difficulties in conforming to the zoning ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the zoning ordinance. 2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. 3. The practical difficulties are caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. 5. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. FURTHER,BE IT RESOLVED, that the attached plans, maps, and other information shall become part of this variance and approval; and in granting this variance the city and the applicant agree that this variance shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. All application materials,maps, drawings, and descriptive information submitted with the application shall become part of the permit. 2. All vehicles waiting for repair or pick-up shall be stored within an enclosed building or in designated off-street parking spaces. 3. At no time shall there be more vehicles waiting for repair or pick-up in designated off-street parking spaces than the number of off-street parking spaces provided. 4. All work shall be performed within a completely enclosed building. 29 P&Z Minutes Page 13 July 10, 2012 5. All vehicles parked or stored on site shall display a current license plate with a current license tab. Outside storage of automobile parts, including tires, or storage of inoperable vehicles or salvage vehicles shall be prohibited. 6. The sale of vehicles shall be prohibited,unless permitted by conditional use. 7. The use shall employ best management practices regarding the venting of odors, gas and fumes. Such vents shall be located a minimum of ten feet above grade and shall be directed away from residential use. All storage tanks shall be equipped with vapor-tight fittings to eliminate the escape of gas vapors. Passed this 23rd day of July, 2012 NEW BUSINESS No other new business. OTHER BUSINESS Sargent told members they will be serving as a Board of Appeals and Adjustment at a Hearing that was to be scheduled for August 8, 2012. He reviewed the process with the members. The Board will need to render a decision in regards to action taken by Staff in interpreting City Codes. Staff will present the facts to the Board but will not be making any recommendation on the matter since the Board will be judging whether the correct action was taken. The applicant is requesting a Special Meeting for this hearing, as he is unavailable for the hearing on August 8th After checking their schedules, Tuesday, August 14th was selected as the alternative date. Fiorendino noted that he will not be available that week. The meeting was adjourned at 8:05 pm. Respectfully submitted, Shelley Hanson Secretary P &Z Minutes Page 15 July 10, 2012 30 City of Columbia Heights Park and Recreation Commission April 25, 2012 Eileen Evans called the meeting to order at 5:28 p.m. ROLL CALL Members present: Eileen Evans;Tom Greenhalgh; Stan Hoium; Kevin McDonald; David Payne;Marsha Stroik Staff Present: Kevin Hansen, Public Works Director; Gary Peterson, Mayor; Keith Windschitl, Recreation Director; Deanna Saefke, Secretary APPROVAL CONSENT AGENDA Evans asked how often baseball bases are purchased. Hansen replied they are purchased annually. Evans asked what the bills were for storage shed removal. Hansen replied the storage shed for the rear yard at Public Works was removed. Motion by Payne, second by McDonald,to approve the consent agenda. Upon vote: All ayes. Motion Carried. LETTERS AND REQUESTS A. Request for reduced rental rate for the Sister Cities group on October 28,2012. Evans indicated that during the weekend we typically charge the$50 entry fee and$20 per hour of use for John P. Murzyn Hall use. Windschitl stated that the Sister Cities group is a City organization. There has been a request to waive the fee for the event. At this time there is no event on the previous Saturday,but will most likely rent which would cause there to be cleanup and turnaround time on Sunday. Stroik asked if there was a need to have the event on a Sunday opposed to a weeknight. Windschitl replied that he informed the group that if they did rent on a weeknight the fee would be waived due to other programs being held in the evenings, but on the weekend when we would typically be closed we do need to cover staffing costs. When other community organizations use the facility during open hours but when used outside of operating hours we charge what the cost is to have staff in the building. Motion by Stroik, second by McDonald,to charge the fifty dollar entry fee and twenty dollars per hour of use inside Murzyn Hall Sunday, October 28, 2012, Discussion was held regarding only charging for the hourly use because they are a City group. The typical fifty dollar entry fee has been to cover cleanup and setup time prior to the event. This could be waived for this instance and still cover the staffing for the event time frame. Motion amended by Stroik, second by McDonald,to charge the twenty dollars per hour of use in Murzyn Hall only to cover staffing on the weekend. Upon vote: All ayes. Motion Carried. B. Request for an extended rental time on Friday,July 6, 2012 until 3:00 a.m. Evans indicated the previous decision of the Commission is to have all rentals of John P. Murzyn Hall end at 1:00 a.m. with no exceptions. Stroik indicated that there is a concern with people leaving the party that late at night and that the facility is in a residential neighborhood. 31 Park&Recreation Commission April 25,2012 Page 2 Motion by Payne, second by Greenhalgh,to deny the request of the 3:00 a.m.late rental time and that all rentals must end at 1:00 a.m. Upon vote: All ayes. Motion Carried. OLD BUSINESS A. LaBelle Park Master Plan Hansen discussed the attachments. The narrative outlining the desired scope for the Master Plan of LaBelle Park based upon comments from the Commission and Staff. Hansen introduced Candace Amberg from Brauer and Associates,Ltd. Amberg discussed the site inventory and analysis of LaBelle Park. One goal will be to keep view areas open to the water along the walking path. The boardwalk area on the west side of the park was done by Brauer and Associates, Ltd. in 1978. There is a lot of erosion on the east side of the park along the steep embankment. Amberg discussed the concept plans for LaBelle Park. Concept#1 shows a refurbished playground on 42nd Avenue,removal of the basketball court,accessible trail from the parking lot to the pond overlook with a natural design, improved water quality through rain gardens, removal of the Circle Terrace basketball court,removal of the overlook on 40th Avenue and other items. Concept#2 shows an updated playground area on 42nd Avenue with separate areas,trail updates with seated viewing areas along the trail,a shelter near the playground,terraced seating in the hill where the current basketball court is located,a pier onto the pond,and the overlook area with seating,arbors and a possible memorial area. This concept also shows removal of the playground on Circle Terrace and creating a full basketball court or a community garden area. Amberg indicated the need to make improvements to the embankment over time to prevent erosion. McDonald replied that the playground is important to keep for the youth in the Circle Terrace neighborhood. Hoium reported users of the trail liking the idea of the corner trail cutting in closer than the current trail in the northeast corner. Hoium approves of moving the current memorial to a better location. Evans voiced a concern with the amount of rain gardens. Hansen replied that the rain gardens are integrated into the park because they are required. The area consumed by the storm water quality treatment is driven by the amount of surface area that drains into the water. Hansen indicated that LaBelle pond is a DNR protected water body by the Mississippi WMO. The options for water treatment include rain gardens,underground, infiltration basins and wet ponds. The approach is to keep them more naturalized while providing the water treatment. Hansen indicated the next step is to get the plans out for public review. He would like to show both playground options and get the opinions from the LaBelle and Circle Terrace areas. Hoium asked where the projected budget is. Hansen replied that the budget has not been put together until the final plan is put together. He stated the$300,000-$500,000 range is a good estimate at this stage. Evans indicated the focus should be to clean up the pond overlook. Amberg replied that the purpose of a master plan is to first set an overall plan that people are happy with and then prioritize which area to start with. Hansen replied that is the plan and we know that there will not be full funding to support the master plan and as money becomes available work on the priority areas. Payne indicated a concern with a pier because it would deteriorate over time. He also liked the natural look and the setback design for the overlook of plan#1. Hansen asked for the Commission's opinions on the Circle Terrace playground. He indicated that many complaints are received on both basketball courts in the area. Payne asked if the senior citizens in the local housing developments are asking for anything specific. Evans indicated the 32 Park&Recreation Commission April 25,2012 Page 3 people she spoke with who were using the park had two requests;get rid of the geese and get rid of the dead cattails. They were happy with the trial and would like to see the overlook area more useable. Payne asked if moving the trail back like in concept#1 would help with the geese problem. Amberg replied that it would help but geese will also find the path of least resistance. Members agreed to remove the basketball court area near the apartments because this is more of a passive park,they agreed on the addition of a shelter for park users,the fear is that if there is artwork in the overlook area that it would get vandalized,they agreed on the look of the playground area in concept#2. Evans suggested having a walk thru at LaBelle Park before any final decisions are made. Amberg stated that the reason why you might not see many children using the park facilities is because it is so outdated and once the playground has an update it would encourage young families to use the park. Hansen replied to Hoium regarding funding is that once the master plan is finished one strategy that has been successful is to apply for grant funding and has paid for a lot of our current playground equipment. Hansen indicated the next step is to set up a meeting with the public,get the concept plans out for review,take input, and then recommend a master plan based on the comments. He reminded the Commission that the next meeting will be on May 19 at 11:30 a.m. at Ramsdell Park for the grand opening of the softball field. There will be a short ribbon cutting,the drum line will perform and the first pitch to be thrown at 11:45 a.m.with a City official and a representative from the Columbia Heights School District. Windschitl indicated that if a regular Park&Recreation meeting is needed it will be held after the grand opening. NEW BUSINESS A. Jamboree 2012 Fireworks Windschitl reported one proposal was received for the Jamboree fireworks show from the same company that was used last year. The City's budget is $6,000 annually. Windschitl does receive donations to help fund some of the cost. He asked the opinion of the Members as the show would be similar to last year. The company is Pyrotechnic Display, Inc. and the Columbia Heights resident Ben Erickson will again be involved in shooting off the fireworks. He indicated that if the weather is bad on Saturday they show would be done on Sunday. The Members agreed that the same company does a very good job with the fireworks. Windschitl invited anyone to review the submitted proposal. Stroik indicated that it is a good thing that the City is still doing the annual fireworks show. Motion by Stroik,second by Payne,to accept the fireworks proposal from Pyrotechnic Display, Inc. in the amount of$6,000 for the 2012 Jamboree. Upon vote: All ayes. Motion carried. REPORTS A. Recreation Director Windschitl indicated nothing further to report at this time. B. Public Works Director/City Engineer Hansen reminded that the next meeting will be at Ramsdell Park on May 19 at 11:30 for a short ribbon cutting and ceremonial opening of the park. The Columbia Heights School Board and City Council will be invited along with all Park&recreation Commission Members. Stroik asked if the Ramsdell family and CH Police Department are planning another event. Windschitl replied that the family will be having a picnic type of event on July 25. Hansen indicated the City Manager is interested in getting the Adopt a Park Program running. There will be a newsletter article in the Heights Happenings newsletter. The goal is to get more 33 Park&Recreation Commission April 25,2012 Page 4 organization involved to focus on cleaning the park on a regular basis and it also helps to have an active reporting of deficiencies or vandalism in the parks. A letter is being sent to local churches, schools, civic groups and other community groups. This type of program will take an effort to maintain it and someone to oversee the program. Payne asked if the Commission would receive a letter or invitation to participate. Windschitl reported that the idea is to have the neighborhood groups,nonprofits,businesses and churches to participate for a three year commitment in the sprung and fall. Payne indicated that he would be more than happy to help with the program. C. Commission Members Greenhalgh asked if golfing was prohibited in the parks. Hansen replied that there are signs for no golfing at the parks and it is a City ordinance inside the parks. Greenhalgh reported seeing people golfing at Keyes Park. Stroik asked about having dogs in the water at Silver Lake Beach. Hansen replied that the City ordinance states that dogs are not allowed at the swimming beach. Greenhalgh asked if the curb could be painted yellow for no parking along the street at Keyes Park. Hansen replied that painting typically begins at the end of May. Evans asked about the result for the trail at Hart Lake. Hansen replied that bids were taken;the City Council did a contingent award based on a grant that was submitted to the DNR. The decision should be sometime in June for a paved trail. Stroik asked if the park sign at Ostrander Park was scheduled for replacement. Hansen replied that the parks signs have recently been replaced when the parks have been updated. Stroik indicated that the sign is about 25 years old; it is a nice park and could use some more trees and benches. Hansen replied that the department is planting trees. Payne reported that the CH Athletic Boosters held a fundraising open house event at the Public Safety building and thanked the Recreation Department for their support in having a basketball hoop there and a table with information at the event. He stated there was a good turnout of people. Windschitl stated that the Recreation Department was giving away t-shirts to the youth who shot basketballs. He indicated Recreation staff volunteered to be there helping with the event and that the CH Athletic Boosters did a good job. Stroik asked if the Hylander Center City Gym is open in the evenings during the summer months. Windschitl replied yes the hours are Monday through Thursday from 6:00-8:30 p.m., Saturday 9:00 a.m. — 12:00 p.m., Sunday 12:00— 3:30 p.m. and then Monday through Friday from 9:00- 11:00 a.m. Evans asked if Windschitl is the staffing the gym. Windschitl replied that he is there Monday through Friday mornings and other part-time staff who work in the evenings. ADJOURNMENT Evans adjourned the meeting at 6:35 p.m. Deanna Saefke, Recreation Clerk Typist II 34 CITY COUNCIL LETTER Meeting of July 23, 2012 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVA ITEM: Rental Housing BY: Gary Gorman BY: Licenses / NO: DATE: July 17, 2012 DATE: Approval of attached list of rental housing applications. RECOMMENDED MOTION: Move to approve the items listed for rental housing license applications for July 23, 2012 in that they have met the requirements of the Property Maintenance Code. COUNCIL ACTION: 35 COLUMBIA HEIGHTS Print Rental Licenses to FIRE DEPARTMENT approve by CC inspection Division 825 41st Avenue N.E.-Columbia Heights,MN 55421-Ph:763-706-8156-Fax:763-706-8151 10018 5140 7TH ST NE LeMon, Brian F11657 10551 Major Ave $ 150.00 Brooklyn Park, MN 55443 10028 4252 3RD ST NE Erickson,Adam F11756 7460 Frontier Trail $ 150.00 Chanhassen, MN 55317 10059 212 40TH AVE NE Renewcon Development LLC F11724 16059 Wake ST NE $ 150.00 Ham Lake, MN 55304 10066 3971 JOHNSON ST NE Engles, Justin F11875 3971 Johnson St $ 150.00 Columbia Heights, MN 55421 10068 567 37TH AVE NE Hackett, Daniel F11742 7456 Groveland Road $ 150.00 Mounds View, MN 55112 10072_FQ35 44TH AVE NE Major, Oliver F11986 2163 119th Avenue NE $ 150.00 Blaine, MN 55449-5442 10075 4701 UNIVERSITY AVE NE Ahmed, Adam F11746 843 95th Lane NE $ 150.00 Blaine, MN 55434 10086 3807 MAIN ST NE Halleckson, Jamie F11787 1327 Ingerson RD $ 150.00 Arden Hills, MN 55112 10087 4806 MADISON ST NE JRK Business Solutions, LLC F11574 3265 19th Street NW STE#560 $ 150.00 Rochester, MN 55902 10088 1319 43RD AVE NE Hetland, Jason F11874 5729 Juneau Lane $ 150.00 Plymouth, MN 55446 10098 677 46 1/2 AVE NE Musenbrock, Michael F11817 677 46-1/2 Avenue NE $ 150.00 Columbia Heights, MN 55421 07/17/2012 13 :01 Page 1 36 so 70. COLUMBIA HEIGHTS Print Rental Licenses to °� FIRE DEPARTMENT approve by CC Inspection Division 825 41st Avenue N.E.-Columbia Heights,MN 55421-Ph:763-706-8156-Fax:763-706-8151 10107 3720 POLK ST NE Yulme, Wangdu F11879 1310 Rice Creek Road $ 150.00 Fridley, MN 55432 10124 3800 JACKSON ST NE Juhl, Luke F11962 3321 Belden Drive $ 150.00 St Anthony, MN 55418 10169 4115 5TH ST NE Deprey, Andrea F11869 15 W. 48th St. $ 150.00 Minneapolis, MN 55419 10172 4230 RESERVOIR BLVD NE Thongpatsang, Tsering F11833 6109 Parnell Ave $ 150.00 Edina, MN 55424 10213 3806 JACKSON ST NE 3806 JACKSON STREET NE LLC F11963 3321 Belden Drive N.E. $ 150.00 St. Anthony, MN 55418 10226 4356 QUINCY ST NE Hall, Jocelyn F11717 14175 54th St N $ 150.00 Oak Park Heights, MN 55082 10230 4038 2ND ST NE Reynolds Property Managements, LLC F11972 6941 Glenview Ln. $ 150.00 Lino Lakes, MN 55014 10238 3916 2ND ST NE Gallagher, Jose F11866 3516 Astoria Court $ 150.00 Kensignton, NC 20895 10263 4243 MAIN ST NE Cooper, Kevin F11910 5897 Washington Street $ 150.00 Fridley, MN 55432 10285 4607 JEFFERSON ST NE Cheedy, Aderbigbe F11647 5725 75th Lane N $ 150.00 Brooklyn Park, MN 55443 10294 3909 2ND ST NE Chu, Joshua F11779 1327-66th Avenue NE $ 150.00 Fridley, MN 55432 07/17/2012 13:01 Page 2 37 77,, COLUMBIA HEIGHTS Print Rental Licenses to t,+'"°5V approve by CC FIRE DEPARTMENT inspoction Division 825 41st Avenue N.E.-Columbia Heights,MN 55421-Ph:763-706-8156-Fax:763-706-8151 10321 4243 WASHINGTON ST NE Stone, Dennis F11897 5656 Girard Avenue S. $ 150.00 Minneapolis, MN 55419 10386 3934 HAYES ST NE Schoolcraft Holdings, LLC F11871 851 W. Moore Lake Dr. $ 150.00 Fridley, MN 55432 10502 3928 TYLER ST NE Anoka County Community Action Program F11886 1201 89th Avenue N.E. Ste. #345 $ 150.00 Blaine, MN 55434 12022 4442 TYLER PL NE Buecksler, Caleb F11881 4444 Tyler Place N.E. $ 150.00 Columbia Heights, MN 55421 12027 3861 EDGEMOOR PL NE Amanavicius, Evaldes F11838 3861 Edgemoor PI. N.E. #1 $ 150.00 Columbia Heights, MN 55421 12050 1127 CHEERY LN NE Mills, Kathleen F11988 1127 NE Cheery Lane $ 150.00 Columbia Heights, MN 55421 12118 648 47 1/2 AVE NE Nielsen, Janet F11933 648 47-1/2 Avenue $ 150.00 Columbia Heights, MN 55421 12122 3902 RESERVOIR BLVD NE Yang, Joseph F11600 12371 Holly Street NW $ 150.00 Coon Rapids, MN 55448-2655 12221 4433 MAIN ST NE Field, William F11967 4435 Main Street $ 150.00 Columbia Heights, MN 55421 20005 4126 MADISON ST NE Cel Monton, LLC F11845 1845 Stinson PKWY#102 $ 150.00 Minneapolis, MN 55418 20011 4023 6TH ST NE Rivertown#2 LLC F11604 4935 Chicago Ave $ 150.00 Minneapolis, MN 55417 07/17/2012 13:01 Page 3 38 em tom COLUMBIA HEIGHTS Print Rental Licenses to T!) ' FIRE DEPARTMENT approve by CC Inspection Division 825 41st Avenue N.E.-Columbia Heights,MN 55421 -Ph:763-706-8156-Fax:763-706-8151 20032 4724 6TH ST NE Vanderheyden, Michael F11751 8400 Adair Avenue $ 150.00 Brooklyn Park, MN 55443 20040 1300 CIRCLE TERRACE BLVD NE Pigman, Bridget F11929 PO Box 754 $ 150.00 North Branch, MN 55056 20043 1324 CIRCLE TERRACE BLVD NE Pigman, Bridget F11754 PO Box 754 $ 150.00 North Branch, MN 55056 20046 3800 TYLER ST NE Smith, Bruce F11783 4 Washburn Ave. S. $ 150.00 Minneapolis, MN 55405 20067-NC1411 37TH AVE NE Thorp, Willard F11876 337 Chestnut Street East $ 150.00 South St. Paul, MN 55075 20096 1201 37TH AVE NE Rifai, Samiha F11857A 608 37th Avenue N.E. $ 150.00 Minneapolis, MN 55418 20104 4645 TAYLOR ST NE Thompson, Ty F11862 3846 Xerxes Ave. North $ 150.00 Minneapolis, MN 55412 20106 204 42ND AVE NE Diekow, Ryan F11660 9130 Inverness Lane NW $ 150.00 Ramsey, MN 55303 20117 1214 45 1/2 AVE NE Luu-Wang, Ping F11969 6239 4th Avenue S. $ 150.00 Richfield, MN 55423 20118 1300 45 1/2 AVE NE Ringate, Allen F11978 4490 Comstock Lane N. $ 150.00 Plymouth, MN 55446 20125 3726 PIERCE ST NE Fisher, Carolyn F11889 413 5th ST NW $ 150.00 St Michael, MN 55376-1041 07/17/2012 13:01 Page 4 39 W zoo COLUMBIA HEIGHTS Print Rental Licenses to ",, FIRE DEPARTMENT approve by CC Inspction Division 825 41st Avenue N.E.-Columbia Heights,MN 55421-Ph:763-706-8156-Fax:763-706-8151 20126 1141 CHEERY LN NE Jamal, Khalid F11927 1274 Circle Terrace Blvd. N.E. $ 150.00 Columbia Heights, MN 55421 20138 1004 GOULD AVE NE Salvation Army Harbor Light F11744 1010 Currie Avenue $ 150.00 Minneapolis, MN 55401 20138 1004 GOULD AVE NE Horsfield, Stephen F11744 1010 Currie Ave N $ 150.00 Minneapolis, MN 55403 20140 5043 JACKSON ST NE Moseychuk, Alexander F11915 1033 44-1/2 Avenue $ 150.00 Columbia Heights, MN 55421 20175 4144 QUINCY ST NE Grote, Gerald F11964 4627 Chatham Road $ 150.00 Columbia Heights, MN 55421 20188 4215 2ND ST NE Schloesser, Ronald F11637 3234 Innsbruck Drive N. $ 150.00 New Brighton, MN 55112 20214 4637 PIERCE ST NE South Cross Market Inc. F11974 1500 Southcross Drive West $ 150.00 Burnsville, MN 55306 20214 4637 PIERCE ST NE Shacker, Alnajjar F11974 1515 Quebec Avenue N. $ 150.00 Champlin, MN 55316 20228 4228 MADISON ST NE Schaff, Nelia F11837 1551 Woodside CT $ 150.00 Fridley, MN 55432 20260 4949 JACKSON ST NE Roder, John F11664 1818 Bryant Ave N#3 $ 150.00 Minneapolis, MN 55411 20264 4600 4TH ST NE Ingebritson, Jeffrey F11842 592 38th Avenue N.E. $ 150.00 Columbia Heights, MN 55421 07/17/2012 13:01 Page 5 40 ®aiatr COLUMBIA HEIGHTS Print Rental Licenses to FIRE DEPARTMENT approve by CC inspection Division 825 41st Avenue N.E.-Columbia Heights,MN 55421-Ph:763-706-8156-Fax:763-706-8151 30025 3948 5TH ST NE Bridge Investments F11815 12500 - 18th Avenue North $211.00 Plymouth, MN 55441 30036 539 40TH AVE NE King-Smith Apartments F11694 5901 Laurel Avenue# 133 $ 211.00 Golden Valley, MN 55416 30051 970 43 1/2 AVE NE Test, Test F11856 970 43 1/2 AVE NE $266.00 Columbia Heights, MN 55421 30053 980 44TH AVE NE Chies, Nancy F11858 1530 Rice Creek Road $ 160.00 Fridley, MN 55432 30101 4655 PIERCE ST NE Azam, Haji F11656 P.O. Box 11 $ 160.00 Savage, MN 55378 30137 4911 UNIVERSITY AVE NE CBC Griffin F11666 1221 Nicollet Ave. S. Attn: Robert Bayer Suite#3®248.00 Minneapolis, MN 55403 34015 3700 VAN BUREN ST NE Tomas, John F11629 4712 121st Avenue NE $ 150.00 Minneapolis, MN 55449-7047 Total#of Licenses 62 07/17/2012 13:01 Page 6 41 CITY COUNCIL LETTER Meeting of July 23, 2012 AGENDA SECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: NO: DATE: July 17, 2012 BY: . ��f'1 BACKGROUND/ANALYSIS Attached is the business license agenda for the July 23,2012 Council meeting. This agenda consists of applications for Contractor licenses for 2012. At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for July 23, 2012 as presented. COUNCIL ACTION: TO CITY COUNCIL July 23, 2012 42 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES -2012 BLDG *North Country Aire 29617 River Ridge Rd, Isanti $60 *McDowall Co 1431 Prosper Dr, Waite Park $60 *Affordable S &W 2115 Kestrel Trail, Buffalo $60 *Amapa Construction 1237 107th Ln NE, Blaine $60 *Golden Leaf Tree Service 1400 Sumter Ave N, Golden Valley $60 43 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: July 23, 2012 . STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion: Move that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has received the list of claims paid covering check number 144272 through 144441 in the amount of$ 691,749.77. 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H H a UHHOaHH Z0H W U) U) M H HO $ HH W C.-) Et WHHH41 W 00 HUH OZ H 0 :-1 ,-I a 1- HU W x W H >+U) U) I-4 ,4a0Z0 U] UUag4 0) W Z Z H Fa H H •• U) H Q W H W 0. W I: H H H O '0W z i, U) U) UHH W W .. x U) UN a U W14 14 ) W WHOXH>4 a W 0 H o CO U W HXC) 14 4 4 14 PI PI E. 54 ra, M U) ZW a W Oz ggHg 4HC24E. 444 44ill W HHrW W Z W C),-4 a U W a H E4 H\ a 0 CD 0.0 114 W U) a U 1a r.G H UU00 U] U) W 1a 3 EnOH04004 g4 H Z U K4 H I I dGLlIH l l U \ O N I H H N M O NH M L)N O1 UH U` HH H ON HM O N M O 0O LIH LN O H ON W O M IW� H 1 O FG0 W W I HNNNNNNNNNM d1 d1 d1d110001O))UOUONN CO CO CO H 0) W 1 CCI H CITY COUNCIL LETTER Meeting of July 23, 2012 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROV L ITEM: Adopt Resolution For BY: Gary Gorman BY: gift-- Revocation DATE: July 17, 2012 DATE: NO: 12-85 to 12-101 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against rental properties at 2012-85 —328 Orendorff Way 2012-88—4328 6th Street 2012-89—4344 2nd Street 2012-90—4243 Van Buren St 2012-91 —3815 2-1/2 Street 2012-92— 5005 7th Street 2012-94—3851 2nd Street 2012-95—3963 Jackson Street 2012-97—4546 Tyler Street 2012-98—3822-24 3rd Street 2012-99—4030 Quincy Street 2012-100—4217 Quincy Street 2012-101 —3731 Pierce Street For failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2012-85, 88, 89, 90, 91, 92, 94, 95, 97, 98, 99, 100 and 101 being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Numbers 2012-85, 88, 89, 90, 91, 92, 94, 95, 97, 98, 99, 100 and 101 being Resolutions of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental licenses listed. COUNCIL ACTION: 52 RESOLUTION 2012-85 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code,Chapter 5A,Article IV,Section 5A.408(A)of that certain residential rental license held by Edmond Ahadome(Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 328 Orendorff Way, Columbia Heights, Minnesota, Whereas,pursuant to City Code,Chapter 5A,Article IV, Section 5A.408(B),written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on July 3,2012 of an public hearing to be held on July 23,2012. Now,therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about April 18, 2012 inspection office staff sent a letter requesting the owner of the property complete the rental licensing process by scheduling an inspection with the Building Official. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on July 3,2012 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Failure to schedule an rental license reinspection with the Building Official 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A,Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F11681 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. 53 Passed this day of 2012 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 54 RESOLUTION 2012-89 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code,Chapter 5A,Article IV,Section 5A.408(A)of that certain residential rental license held by Fred Sila(Hereinafter"License Holder"). Whereas, license holder is the legal owner of the real property located at 4344 2nd Street N.E., Columbia Heights, Minnesota, Whereas,pursuant to City Code,Chapter 5A,Article IV,Section 5A.408(B),written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on June 14, 2012 of an public hearing to be held on July 23, 2012. Now,therefore,in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on May 3, 2012 inspectors for the City of Columbia Heights, inspected the property described above and noted violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on June 14, 2012 inspectors for the City of Columbia Heights performed a reinspection and noted that violations remained uncorrected. . A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on July 11, 2012 inspectors for the City of Columbia Heights performed a reinspection and noted that violations remained uncorrected. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Property Maintenance Code were found to exist,to-wit: a. Shall repair front door screen b. Shall immediately replace/repair the missing/non-working smoke detector in this unit. On the main floor,upstairs, and basement c. Shall install an approved CO detector in the upstairs d. Shall repair/replace the front steps e. Shall replace the broken windows on basement, south side f. Shall remove the siding in the back yard g. Shall install address numbers in the following location(s)—rear h. Shall remove all/any vehicles from landscaped areas of the property. Vehicles can only be parked on concrete or asphalt/tar parking pads or driveways. In back i. Shall repair/replace the screen(s) on the building j. Shall scrape and paint wherever there is peeling paint on the structure. 2nd floor, rear, window in front 55 k. Shall replace all/any missing storm windows on the building 1. Shall repair/replace the rotten trim on the garage service door m. Shall scrape and paint wherever there is peeling paint on the structure. Trim around the door in rear n. Shall install address numbers in the following location(s)—numbers in front must be a contrasting color 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F 11627A is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2012 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 56 RESOLUTION 2012-90 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code,Chapter 5A,Article IV,Section 5A.408(A)of that certain residential rental license held by Patrick Brown(Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4243 Van Buren Street NE, Columbia Heights, Minnesota, Whereas,pursuant to City Code,Chapter 5A,Article IV,Section 5A.408(B),written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on June 27, 2012 of an public hearing to be held on July 23, 2012. Now,therefore,in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about April 19, 2012 inspection office staff sent a letter requesting the owner of the property complete the rental licensing process by scheduling an inspection with the Building Official. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on June 27, 2012 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist,to- wit: a. Failure to schedule an rental license reinspection with the Building Official 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A,Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F11764 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. 57 Passed this day of _ 2012 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 58 RESOLUTION 2012-91 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code,Chapter 5A,Article IV,Section 5A.408(A)of that certain residential rental license held by Muna Al Saadon(Hereinafter"License Holder"). Whereas, license holder is the legal owner of the real property located at 3815 2-1/2 Street NE, Columbia Heights, Minnesota, Whereas,pursuant to City Code,Chapter 5A,Article IV, Section 5A.408(B),written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on June 22, 2012 of an public hearing to be held on July 23, 2012. Now,therefore,in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about March 5, 2012 inspection office staff sent a letter requesting the owner of the property complete the rental licensing process by scheduling an inspection with the Building Official. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on June 22, 2012 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist,to- wit: a. Failure to schedule an rental license reinspection with the Building Official 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F11543 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. 59 Passed this day of 2012 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 60 RESOLUTION 2012-92 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code,Chapter 5A,Article IV,Section 5A.408(A)of that certain residential rental license held by Brad Truong(Hereinafter "License Holder"). Whereas,license holder is the legal owner of the real property located at 5005 7th Street NE, Columbia Heights, Minnesota, Whereas,pursuant to City Code,Chapter 5A,Article IV, Section 5A.408(B),written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on June 27, 2012 of an public hearing to be held on July 23, 2012. Now,therefore,in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about November 21,2011 inspection office staff sent a letter requesting the owner of the property complete the rental licensing process by scheduling an inspection with the Building Official. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on June 27, 2012 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Failure to schedule an rental license reinspection with the Building Official 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F11488 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. 61 Passed this day of 2012 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 62 RESOLUTION 2012-94 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code,Chapter 5A,Article IV,Section 5A.408(A)of that certain residential rental license held by N. Santilan &M. B. Quiterio(Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 3851 2nd Street N.E., Columbia Heights, Minnesota, Whereas,pursuant to City Code,Chapter 5A,Article IV, Section 5A.408(B),written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on June 21, 2012 of an public hearing to be held on July 23, 2012. Now,therefore,in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about June 6, 2012 inspection office staff sent a letter requesting the owner of the property to submit a rental license application and schedule a rental inspection for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on June 21, 2012 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Failure to schedule a rental property inspection. b. Failure to submit a rental license application and fees. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number U3851 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 63 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2012 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 64 RESOLUTION 2012-95 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code,Chapter 5A,Article IV,Section 5A.408(A)of that certain residential rental license held by Christopher Englund(Hereinafter "License Holder"). Whereas,license holder is the legal owner of the real property located at 3963 Jackson Street N.E., Columbia Heights, Minnesota, Whereas,pursuant to City Code,Chapter 5A,Article IV, Section 5A.408(B),written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on July 3,2012 of an public hearing to be held on July 23,2012. Now,therefore,in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about June 19, 2012 inspection office staff sent a letter requesting the owner of the property to submit a rental license application and schedule a rental inspection for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on July 3,2012 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Failure to schedule a rental property inspection. b. Failure to submit a rental license application and fees. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number U3963 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 45 days from the first 65 day of posting of this Order revoking the license as held by License Holder. Passed this day of 2012 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 66 RESOLUTION 2012-97 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code,Chapter 5A,Article IV,Section 5A.408(A)of that certain residential rental license held by Myong Yi (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4546 Tyler Street N.E., Columbia Heights, Minnesota, Whereas,pursuant to City Code,Chapter 5A,Article IV,Section 5A.408(B),written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on June 26, 2012 of an public hearing to be held on July 23, 2012. Now,therefore,in accordance with the foregoing,and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on May 15, 2012 inspectors for the City of Columbia Heights, inspected the property described above and noted violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on June 26, 2012 inspectors for the City of Columbia Heights performed a reinspection and noted that violations remained uncorrected. . A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on July 17, 2012 inspectors for the City of Columbia Heights performed a reinspection and noted that violations remained uncorrected. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Property Maintenance Code were found to exist,to-wit: a. Shall have an approved company service all fire extinguishers in the business. Per Minnesota State Fire Code all portable fire extinguishers shall be serviced on an annual basis 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F11830 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 67 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2012 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 68 RESOLUTION 2012-98 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code,Chapter 5A,Article IV,Section 5A.408(A)of that certain residential rental license held by Value Homes, LLC (Hereinafter"License Holder"). Whereas,license holder is the legal owner of the real property located at 3822-24 3rd Street N.E. Columbia Heights, Minnesota, Whereas,pursuant to City Code,Chapter 5A,Article IV,Section 5A.408(B),written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on July 5,2012 of an public hearing to be held on July 23,2012. Now,therefore,in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about May 15, 2012 inspection office staff sent a letter requesting the owner of the property to renew the rental license for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on July 5,2012 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Failure to submit renewal rental license application and fees 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A,Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F10879 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2012 69 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 70 RESOLUTION 2012-99 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code,Chapter 5A,Article IV,Section 5A.408(A)of that certain residential rental license held by Walter Azizi(Hereinafter "License Holder"). Whereas,license holder is the legal owner of the real property located at 4030 Quincy Street N.E. Columbia Heights, Minnesota, Whereas,pursuant to City Code,Chapter 5A,Article IV, Section 5A.408(B),written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on July 5,2012 of an public hearing to be held on July 23,2012 Now,therefore,in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about May 15, 2012 inspection office staff sent a letter requesting the owner of the property submit the rental license application for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on July 5,2012 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Failure to submit renewal rental license application and fees b. Failure to schedule renewal interior inspection 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A,Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F10793 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. 71 Passed this day of 2012 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 72 RESOLUTION 2012-100 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code,Chapter 5A,Article IV,Section 5A.408(A)of that certain residential rental license held by Robert Ludwig(Hereinafter "License Holder"). Whereas,license holder is the legal owner of the real property located at 4217 Quincy Street N.E. Columbia Heights, Minnesota, Whereas,pursuant to City Code,Chapter 5A,Article IV, Section 5A.408(B),written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on July 6,2012 of an public hearing to be held on July 23,2012. Now,therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about May 15, 2012 inspection office staff sent a letter requesting the owner of the property to renew the rental license for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on July 6,2012 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist,to- wit: a. Failure to submit renewal rental license application and fees 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A,Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F11083 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2012 73 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 74 RESOLUTION 2012-101 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code,Chapter 5A,Article IV,Section 5A.408(A)of that certain residential rental license held by Hytham Abdel-Karim(Hereinafter "License Holder"). Whereas,license holder is the legal owner of the real property located at 3731 Pierce Street N.E. Columbia Heights, Minnesota, Whereas,pursuant to City Code,Chapter 5A,Article IV, Section 5A.408(B),written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on July 6,2012 of an public hearing to be held on July 23,2012. Now,therefore,in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about May 15, 2012 inspection office staff sent a letter requesting the owner of the property to renew the rental license for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on July 6,2012 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Failure to submit renewal rental license application and fees 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A,Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F11083A is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2012 75 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 76 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: July 23, 2012 AGENDA SECTION: Public Hearings ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ITEM: Adopt Resolution 2012-082 and Resolution BY: Jeff Sargent,City Planner BY:4,.//ff1//t.„/"--- 2012-083 being Resolutions Approving the DATE: July 16,2012 Site Plan and a 150-square foot area variance for signage for the building located at 5150 Central Avenue. BACKGROUND: At this time,the applicant is requesting a 150-square foot area variance for wall signage per Code Section 9.106(P)(13)(a)I. The City's Zoning Code requires that businesses in the GB,General Business District are permitted any number of wall signs on any side of a building not to exceed 200 square feet of total surface area for all wall sign surfaces. The applicant owns a multi-tenant building with each tenant needing wall signage to promote their business. The applicant would also like to add a larger wall sign denoting the name of the building/business center. For this reason,the applicant is requesting a total of 350 square feet of wall signage,requiring a 150-square foot area variance for signage. Staff feels that the Sign Ordinance governing multi-tenant buildings is limiting. Larger buildings have a more difficult time supplying adequate signage for its tenants than smaller buildings because of the 200 square foot limitation. The ordinance is being reviewed for a possible amendment to appease this discrepancy. Along with the 8 retail tenant spaces along Central Avenue,the building will also house an additional 8 offices as well. The applicant is proposing an additional 150 square feet of signage in order to adequately promote the building as a health center, both in terms of retail and office.Office signs will be added above the individual tenant spaces to help direct customers to the correct part of the building. In addition,and overall building sign will be incorporated,which names the building as the"Total Health Square". RECOMMENDATION: The Planning and Zoning Commission held a Public Hearing for the request on July 10,2012. The Planning Commission recommended denial of the Site Plan with a 2-1 vote. The descending voter felt that the findings of fact didn't fully support the variance request. RECOMMENDED MOTION: MOTION: Move to waive the reading of Resolution 2012-082,there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2012-082, approving the Site Plan for the construction of a new façade for the building located at 5150 Central Avenue, subject to the conditions outlined in Resolution No. 2012-082. MOTION: Move to waive the reading of Resolution 2012-083,there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2012-083, approving a 150-square foot area variance for wall signage per Code Section 9.106(P)(13)(a)1 for the building located at 5150 Central Avenue,subject to the conditions outlined in Resolution No. 2012-083. Attachments:Resolution 2012-082;Resolution 2012-083;P+Z Memo;Location Map;Elevations COUNCIL ACTION: 77 RESOLUTION NO.2012-082 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR THE CONSTRUCTION OF A NEW FACADE FOR THE BUILDING LOCATED AT 5150 CENTRAL AVENUE WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case#2012-0701)has been submitted by David Lu, to the City Council requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 5150 Central Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for the construction of a new building facade for the property located at 5150 Central Avenue NE. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on July 10, 2012; WHEREAS the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed site plan upon the health,safety,and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic,property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the Planning and Zoning Commission accepts and adopts the following findings: 1. The site plan conforms to all applicable requirements of this article. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. 3. The site plan is consistent with any applicable area plan. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. FURTHER,BE IT RESOLVED,that the attached conditions,maps, and other information shall become part of this permit and approval;and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. All application materials,maps,drawings and descriptive information shall become part of the permit. 78 Resolution No. 2012-082 Page 2 Passed this 23rd day of July,2012, Offered by: Seconded by: Roll Call: Ayes: Nays: Attest: Mayor Gary Peterson Patty Muscovitz, City Clerk 79 RESOLUTION NO. 2012-083 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR DAVID LU WHEREAS, a proposal(Case#2012-0701)has been submitted by David Lu to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 5150 Central Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: 150-square foot area variance for wall signage per Code Section 9.106 (P)(13)(a)1. WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on December July 10, 2012; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health,safety,and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic,property values, light, air, danger of fire, and risk to public safety, in the surrounding area; NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: 1. Because of the particular physical surroundings,or the shape,configuration,topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause practical difficulties in conforming to the zoning ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the zoning ordinance. 2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. 3. The practical difficulties are caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. 5. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. 80 Resolution No. 2012-083 Page 2 FURTHER,BE IT RESOLVED,that the attached plans,maps,and other information shall become part of this variance and approval; and in granting this variance the city and the applicant agree that this variance shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. All application materials, maps, drawings, and descriptive information submitted with the application shall become part of the permit. Passed this 23rd day of July, 2012 Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 81 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2012-0701 DATE: July 10, 2012 TO: Columbia Heights Planning Commission APPLICANT: David Lu LOCATION: 5150 Central Avenue NE REQUEST: 150-Square Foot Area Variance for Wall Signage, Site Plan Review PREPARED BY: Jeff Sargent, City Planner INTRODUCTION At this time, the applicant is requesting a 150-square foot area variance for wall signage per Code Section 9.106 (P)(13)(a)1. The City's Zoning Code requires that businesses in the GB, General Business District are permitted any number of wall signs on any side of a building not to exceed 200 square feet of total surface area for all wall sign surfaces. The applicant owns a multi-tenant building with each tenant needing wall signage to promote their business. The applicant would also like to add a larger wall sign denoting the name of the building/business center. For this reason, the applicant is requesting a total of 350 square feet of wall signage, requiring a 150-square foot area variance for signage. The property is also located within the Design Guideline Highway District, and is subject to a Site Plan Review to ensure compliance with the Design Guidelines. At this time, the applicant is also seeking approval of the proposed Site Plan. ZONING ORDINANCE The property located at 5150 Central Avenue is zoned GB, General Business District, as are the properties to the north, south and east. The properties to the west are zoned R-3, Multiple Family Residential. SIGNAGE. As stated previously, the Zoning Code requires that businesses in the GB, General Business District are permitted any number of wall signs on any side of a building not to exceed 200 square feet of total surface area for all wall sign surfaces. Staff feels that this ordinance is limiting for multi-tenant buildings. Larger buildings would have a more 82 City of Columbia Heights Planning Commission July 10, 2012 5150 Central Avenue — Wall Signage Variance Case # 2012-0701 difficult time supplying adequate signage for its tenants than smaller buildings with fewer tenants would. This ordinance is being reviewed for a possible amendment to appease this discrepancy. The applicant is proposing an additional 150 square feet of signage in order to adequately promote the building as a health center. Office signs will be added above the individual tenant spaces to help direct customers to the correct part of the building. In addition, and overall building sign will be incorporated, which names the building as the "Total Health Square". SITE PLAN. The applicant is proposing a completely new design for the front of the building. He would like to get rid of the existing façade and incorporate a new building face that supplies more surface area for signage. The proposed façade is not a solid wall; it incorporates a welded wire mesh within a tube steel frame, which will be see-through. The overall height of the building increases from approximately 16 feet in height to approximately 23 feet above the main floor line. The same architecture will wrap around the sides of the building, completing the design. AMA � p Sr '►� tb i • Existing Building The proposal is consistent with the Design Guidelines in terms of architecture and the types of signage being used. Page 2 83 City of Columbia Heights Planning Commission July 10, 2012 5150 Central Avenue - Wall Signage Variance Case # 2012-0701 COMPREHENSIVE PLAN The Comprehensive Plan guides this area as Commercial. A variance to allow more signage to accommodate an existing use is consistent with the intent of the Comprehensive Plan. FINDINGS OF FACT (Variance) Section 9.104 (G) of the Zoning Ordinance outlines five findings of fact that must be met in order for the City Council to grant a variance. They are as follows: a) Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause practical difficulties in conforming to the zoning ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the zoning ordinance. In this case, the need for the variance is a function of the debilitating nature of the ordinance. The applicant feels that the ordinance is geared more for single or fewer-tenant buildings, and generally not suitable for larger-tenant buildings. The property will still be used in a reasonable manner with the proposed variance. b) The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. The conditions upon which the variance is based are a function of the size of the building. The building has 8 tenant spaces, each with their own sign. The applicant would like to incorporate additional signage on the building to promote the building as a "Total Health Square". There are other multi-tenant buildings that have at least 8 tenant spaces, so this situation is not unique to this particular parcel. However, it is anticipated that those other buildings most likely have greater than 200 square feet of signage on the building. c) The practical difficulties are caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. As stated previously, staff feels that the Zoning Code is limiting to larger, multi- tenant buildings in regards to the total amount of wall signage allowed. The provisions of the ordinance, therefore, are the driving force behind the variance request, and have not been created by any person currently having a legal interest in the property. Page 3 84 City of Columbia Heights Planning Commission July 10, 2012 5150 Central Avenue - Wall Signage Variance Case # 2012-0701 d) The granting of the variance is in harmony with the general purpose and intent of the comprehensive plan. The Comprehensive Plan guides this area as Commercial. A variance to allow more signage to accommodate an existing use is consistent with the intent of the Comprehensive Plan. e) The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. After reviewing the proposed elevations, the amount of signage on the building is proportional to the overall building and does not have the appearance of being over indulgent. For this reason, the granting of the variance will not be materially detrimental to the public welfare or value of property in the vicinity. FINDINGS OF FACT (Site Plan) Section 9.104 (N) of the Zoning Ordinance outlines four findings of fact that must be met in order for the City to approve a site plan. They are as follows: a) The site plan conforms to all applicable requirements of this article. The site plan meets all applicable Design Guidelines for the property. The proposed signage requires a variance, which has been applied for. b) The site plan is consistent with the applicable provisions of the city's Comprehensive Plan. The Comprehensive Plan guides this area as Commercial. A variance to allow more signage to accommodate an existing use is consistent with the intent of the Comprehensive Plan. c) The site plan is consistent with any applicable area plan. There is no area plan for this portion of the city. d) The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. The proposed site plan does not incorporate the expansion of the building, and this will have no impact on property in the immediate vicinity and the public right- of-way. Page 4 85 City of Columbia Heights Planning Commission July 10, 2012 5150 Central Avenue - Wall Signage Variance Case # 2012-0701 RECOMMENDATION Staff recommends approval of the 150-square foot area variance for new wall signage, as it is a reasonable use of the property. Staff also recommends approval of the Site Plan as it meets all applicable requirements of the Design Guidelines. Motion: That the Planning Commission recommends that the City Council approve the 150-square foot area variance for signage per Code Section 9.106 (P)(13)(a)1 of the City Code, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. All application materials, maps, drawings, and descriptive information submitted with the application shall become part of the permit. Motion: That the Planning Commission recommends that the City Council approve the Site Plan for the construction of a new building façade, as it is consistent with the Design Guidelines. ATTACHMENTS • Draft Resolution • Location Map • Site Plan Page 5 86 5150 Central Avenue 5280 800 5250 5224 CITY OF FRIDLEY 5150 b BTm 797 J 793 2 H 1125 • 789 7: 795 1091 1105 • 781 we 5085 n r s 5075 -I ° w Q 1095 <n 825 907 r Uz J 51ST ,4`At, 110{ m 5057 818 ▪ j 5055 0 5498 5gfi5 70 4)0 co 5451 w H 11 m 5049 5055 1074 Tr 5045 Z 7OSr ° `7' 5043 5045 7OG 5( In 02 a m ; ea M 5039 5060 {� _ � 1070 5437 COURT U R T 1061 5033 1060 50 AVE 5031 _ 5027 1057 �` ° 5025 5425 Q yy ,r CO ea 5021 tv N a 5419 5054 1451 �I °r r ° 0 5013 _ I 104 5 in co 5049 4- m ea °° [ 5407 5044 5001 393 1037 1100 °co o ` 1 w 7035 uo �__ Location Map 87 x a LS$'SS NW''9H°9°"I°D'3N''NI°A'DOS LS awdra t°a �}.srt 'stt r�#9 it, ill y i t �= 3 iVflOS H11b3H 1V101 & t ib_ r S31dfl1S NOIlVA313-/x13V�3 1 Nb1d 311S z g m • a O, 6-Z . I Z O .S-,Et H I,tr-.81 - 1:,/$;,(741.-Al�IZ-,6 ..Z-.6 ..L-.6 } 0 ,;,,,,i,sklic,,,.,.:11 'c liip O- J ;. :�' r �1 3 , Q Q bil `f VI = _1 III ! �.��1 I i lia z ,.'■ s gr, 5Y41 - Is j III : ! I11L/ J r Mill I = D_ II i .�i..,,./Q,,.;}'' ,f 6 4L cIS DNS' 9 I II I - 'I � 16' O I I is Wilt q #�!,,fI _13 si Ay 3 FAIR' 3 0-01 ,f� I CO )3ot a I/r�t`'` I- Q 9 r �7r P `) I I n ! II roeI W q'1l ' W Av_ z _ iii ° O .j,k I �' rte, �' I .I Fcc � 9 s W ILI �? � f 1a 3s • p Q —gt ti w> 2 m - Q I~ iii ia®, v = ss,RI i �ieE ,p — ,0 Z •ii F I c Q 0 ., - , YS;. 'i uup ft :41 gni I 8 Wi nther—Johnson—Robinson Arch itects—Designers June 4, 2012 TOTAL HEALTH SQUARE VARIANCE REQUEST LEGAL DESCRIPTION: That part of Lot 3, lying southerly of the north 80.0 fee and Lot 4,AUDITOR'S SUBDIVISION NUMBER 51, Anoka County, MN. Except that part taken for State Trunk Highway No. 65 DRIVEWAY EASEMENT No. 1 The south 33.0 ft. of the north 148.0 ft. lying east of the west 157.0 ft. of Lot 3, AUDITOR'S SUBDIVISION NUMBER 51. DRIVEWAY EASEMENT No. 2 The east 137,0 ft. of the west 157.0 ft. of the south 20.0 ft. of the north 135.0 ft. of Lot 3, AUDITOR'S SUBDIVISION NUMBER 51. REASON FOR REQUEST: • The Property Owner is requesting a variance on the allowable square footage of signage for this property. The use of the property has changed from a retail and sports facility to retail and office/manufacturing facility. As a result the need for signage has changed from identifying nine entities to thirteen entities and more. With the speed of traffic on Central Avenue the text size will get too small to identity the retail stores without difficulty if the signage is to remain within the allowable square footage. The new focus of the building is to identify the building,in the past that was not done. This will help when giving directions to patrons. The new office/manufacturing entry will be in the rear of the building so identifying the building becomes important so clients will know where to go along Central Avenue. See drawing for sign locations and sizes. We are requesting an increase of allowable signage by 150 square feet. The total signage will be 350 square feet. • 89 8175-8 Lewis Road,Golden Valley,Minnesota 55427— General 763-398-0452— Fax 763-398-0455 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: July 23,2012 AGENDA SECTION: Public Hearings ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ITEM: Adopt Resolution 2012-084 being Resolution BY: Jeff Sargent,City Planner BY: for the Approval of a 6-foot drive aisle width DATE: July 16,2012 variance, 6-foot drive aisle width variance, and a variance to allow two (2) less parking stalls than the minimum requirement for the property located at 4347 Central Avenue NE. BACKGROUND: At this time,the applicant is requesting three variances in association with locating a tire sales and repair business located at 4347 Central Avenue NE. The three variance requests are as follows: 1)a 6-foot drive aisle width variance per Code Section 9.106(L)(7)(b);2)a 5-foot side yard setback variance for parking per Code Section 9.110(C);and 3)a variance to allow two (2)less parking stalls than the minimum requirement per Code Section 9.106(L)(10). The applicant wishes to locate his business in the former Anderson's Heating and AC building located at 4347 Central Avenue. Currently, there is no striped parking on the premises. Because the change of use requires more parking than the type of business previously at that location,the new business would have to comply with all the minimum requirements of the City Code pertaining to off-street parking. The preexisting placement of the building on the undersized parcel demonstrates an undue hardship on the property,justifying the parking setback and drive aisle width variances. The need for the 2-parking stall variance is strictly a function of the type of business that wishes to locate on the premises. The previous use of the building as an office/retail facility only needed to supply 1 parking stall for each 300 square feet of office/retail area. Given the dimensions of the building,the previous use would have needed 9 parking stalls. The accompanying site plan indicates that 9 parking stalls could be placed on the parcel with the parking and drive aisle width variances. Because the proposed business is an automobile repair facility,the City Code requires 2 extra parking stall for each service bay that the business will utilize. The building itself would be able to accommodate up to 3 service bays,however Staff advised the applicant to keep the variance requests as limited as possible. With that said,the applicant indicated that he would only use 1 service bay in order to keep the parking stall variance as small as possible. RECOMMENDATION: The Planning and Zoning Commission held a Public Hearing for the request on July 10, 2012. The Planning Commission recommended approval of the proposed variance with a 3-0 vote. RECOMMENDED MOTION: MOTION: Move to waive the reading of Resolution 2012-084,there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2012-084, approving the 6-foot drive aisle width variance; the 5-foot side yard setback variance for parking; and the variance to allow two (2) less parking stalls than the minimum requirement for the building located at 4347 Central Avenue NE, subject to the conditions outlined in Resolution No. 2012-084. Attachments:Resolution 2012-084;P+Z Memo;Location Map;Application materials COUNCIL ACTION: 90 RESOLUTION NO. 2012-084 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR YOUSEF ABUHEKAL WHEREAS, a proposal (Case#2012-0702) has been submitted by Yousef Abuhekal to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 4347 Central Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 6-foot drive aisle width variance per Code Section 9.106 (L)(7)(b); a 5-foot side yard setback variance for parking per Code Section 9.110 (C); and a variance to allow two (2) less parking stalls than the minimum requirement per Code Section 9.106 (L)(10). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on December July 10, 2012; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health,safety,and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic,property values, light, air, danger of fire, and risk to public safety, in the surrounding area; NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: 1. Because of the particular physical surroundings,or the shape,configuration,topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause practical difficulties in conforming to the zoning ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the zoning ordinance. 2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. 3. The practical difficulties are caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. 5. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. 91 Resolution No. 2012-084 Page 2 FURTHER,BE IT RESOLVED,that the attached plans,maps,and other information shall become part of this variance and approval;and in granting this variance the city and the applicant agree that this variance shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. All application materials, maps, drawings, and descriptive information submitted with the application shall become part of the permit. 2. All vehicles waiting for repair or pick-up shall be stored within an enclosed building or in designated off-street parking spaces. 3. At no time shall there be more vehicles waiting for repair or pick-up in the designated off- street parking area than the number of off-street parking spaces provided. 4. All work shall be performed within a completely enclosed building. 5. All vehicles parked or stored on site shall display a current license plate with a current license tab. Outside storage of automobile parts, including tires, or storage of inoperable vehicles or salvage vehicles shall be prohibited. 6. The sale of vehicles shall be prohibited,unless permitted by conditional use. 7. The use shall employ best management practices regarding the venting of odors, gas and fumes. Such vents shall be located a minimum of ten feet above grade and shall be directed away from residential use. All storage tanks shall be equipped with vapor-tight fittings to eliminate the escape of gas vapors. Passed this 23rd day of July, 2012 Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 92 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2012-0702 DATE: July 10, 2012 TO: Columbia Heights Planning Commission APPLICANT: Yousef Abuhekal LOCATION: 4347 Central Avenue NE REQUEST: Drive Aisle Width Variance, Parking Setback Variance, Parking Stall Requirement Variance PREPARED BY: Jeff Sargent, City Planner INTRODUCTION At this time, the applicant is requesting three variances in association with locating a tire sales and repair business located at 4347 Central Avenue NE. The three variance requests are as follows: 1. A 6-foot drive aisle width variance per Code Section 9.106 (L)(7)(b) 2. A 5-foot side yard setback variance for parking per Code Section 9.110 (C) 3. A variance to allow two (2) less parking stalls than the minimum requirement per Code Section 9.106 (L)(10). The applicant wishes to locate his business in the former Anderson's Heating and AC building located at 4347 Central Avenue. Currently, there is no striped parking on the premises. Because the change of use requires more parking than the type of business previously at that location, the new business would have to comply with all the minimum requirements of the City Code pertaining to off-street parking. ZONING ORDINANCE The property located at 4347 Central Avenue is zoned GB, General Business District, as are the properties to the north, south east and west. The City's Code requirements pertaining to parking and drive aisle widths are as follows: 1. Code Section 9.106 (L)(7)(b) requires that each off-street parking space shall have direct access to an aisle no less than 24 feet in width. Due to the placement of the building on the property, the access width for the parking area is only 18 feet wide. For this reason, a 6-foot drive aisle width variance is needed. 93 City of Columbia Heights Planning Commission July 10, 2012 4347 Central Ave — Parking Variances Case # 2012-0702 2. Code Section 9.110 (C) requires that the side yard setback for parking in the GB, General Business District is 5 feet. The drive aisle abuts directly to the south (side) property line. For this reason, a 5-foot parking lot setback variance is needed. 3. Section 9.106 (L)(10) requires one (1) parking stall for each 300 square feet of gross floor area, plus two (2) parking stalls per service bay for any type of automobile repair facility. The existing building is 2,578 square feet and the business will incorporate one (1) service bay, requiring a total of 11 parking stalls. The site plan indicates that there will be nine (9) parking on-site parking stalls, requiring a 2-parking stall variance. CONSIDERATIONS. The preexisting placement of the building on the undersized parcel demonstrates an undue hardship on the property, justifying the parking setback and drive aisle width variances. The need for the 2-parking stall variance is strictly a function of the type of business that wishes to locate on the premises. The previous use of the building as an office/retail facility only needed to supply 1 parking stall for each 300 square feet of office/retail area. Given the dimensions of the building, the previous use would have needed 9 parking stalls. The accompanying site plan indicates that 9 parking stalls could be placed on the parcel with the parking and drive aisle width variances. Because the proposed business is an automobile repair facility, the City Code requires 2 extra parking stall for each service bay that the business will utilize. The building itself would be able to accommodate up to 3 service bays, however Staff advised the applicant to keep the variance requests as limited as possible. With that said, the applicant indicated that he would only use 1 service bay in order to keep the parking stall variance as small as possible. COMPREHENSIVE PLAN The Comprehensive Plan guides this area as Commercial. The proposed variances would enable a business to locate in a vacant commercial space. For this reason, the proposals are consistent with the Comprehensive Plan. FINDINGS OF FACT (Variance) Section 9.104 (G) of the Zoning Ordinance outlines five findings of fact that must be met in order for the City Council to grant a variance. They are as follows: a) Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause practical difficulties in conforming to the zoning ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the zoning ordinance. Page 2 94 City of Columbia Heights Planning Commission July 10, 2012 4347 Central Ave — Parking Variances Case # 2012-0702 The physical surroundings and the configuration of the property cause the necessary undue hardship to justify the parking setback variance and the drive aisle with variance. Again, the 2-parking stall variance cannot be avoided with the type of business that is willing to operate from this location because there is not physically enough room on the property to place 2 more parking stalls. b) The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. There are many undersized commercial properties along Central Avenue in The GB, General Business District. The uniqueness of this particular parcel is the placement of the building on the property in relation to the existing driveway openings and property lines. Physically, there is no way to accommodate the minimum requirements of the Zoning Code for parking setbacks and drive aisle widths without the need of a variance. c) The practical difficulties are caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. The provisions of the article require certain setbacks, drive aisle widths and number of parking stalls. The property at 4347 Central Avenue is too small to accommodate these requirements. The hardships have not been created by persons having a legal interest in the property. d) The granting of the variance is in harmony with the general purpose and intent of the comprehensive plan. The Comprehensive Plan guides this area as Commercial. The proposed variances would enable a business to locate in a vacant commercial space. For this reason, the proposals are consistent with the Comprehensive Plan. e) The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. The granting of the variances should not be materially detrimental to the public welfare or the use of the properties in the vicinity. The variance requests will have conditions imposed on them to help ensure this. RECOMMENDATION Staff recommends approval of the 6-foot drive aisle width variance and the 5-foot side yard setback parking variance. Staff feels that the applicant has done a sufficient job in attempting to limit the degree of the parking stall variance in that he has agreed to limit his business to 1 service bay. Although a different use of the property would not require Page 3 95 City of Columbia Heights Planning Commission July 10, 2012 4347 Central Ave - Parking Variances Case # 2012-0702 a parking stall variance, the conditions of approval should ensure that the property is being used properly. For this reason, staff would also recommend approval of the variance for 2 fewer parking stalls than required by code. Motion: That the Planning Commission recommends that the City Council approve the A 6-foot drive aisle width variance per Code Section 9.106 (L)(7)(b), a 5-foot side yard setback variance for parking per Code Section 9.110 (C) and a variance to allow two (2) less parking stalls than the minimum requirement per Code Section 9.106 (L)(10) of the City Code, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. All application materials, maps, drawings, and descriptive information submitted with the application shall become part of the permit. 2. All vehicles waiting for repair or pick-up shall be stored within an enclosed building or in designated off-street parking spaces. 3. At no time shall there be more vehicles waiting for repair or pick-up in designated off-street parking spaces than the number of off-street parking spaces provided. 4. All work shall be performed within a completely enclosed building. 5. All vehicles parked or stored on site shall display a current license plate with a current license tab. Outside storage of automobile parts, including tires, or storage of inoperable vehicles or salvage vehicles shall be prohibited. 6. The sale of vehicles shall be prohibited, unless permitted by conditional use. 7. The use shall employ best management practices regarding the venting of odors, gas and fumes. Such vents shall be located a minimum of ten feet above grade and shall be directed away from residential use. All storage tanks shall be equipped with vapor-tight fittings to eliminate the escape of gas vapors. 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D ED , r --._...._ - k 1111111.111 ri-----„, , :144.4.1444i46144440414k14144.4.4. O V bb b bb bbbbb bg∎:.“4 ,; S i p5 5 ee 1 U Mai n il m Mil u d W EEEEE how 0 1 64:1,60b060bbbbbbb66b i F Z L4Fa0b■ 00b00000,0000 Q J D g °,4Lbbbbb bbbbbbbbbbb L i k .-r.rYaonmo E S^nl 0 -- 01 b 1 4..1\\,.._ li H -/OM-.. i Q a s E-- I _ /o o @ 4 Chi q x i i a D A S♦ EMS:S:I i OM o r.1 �b CCt! ® C7 O°- _ ti e� 1.•11.1e tt L a a . ks. , I M e d i n a A r c h i t e c t s Medina Architects 1618 Hague Ave St. Paul, MN 55104 Tel. 651 645 0587 June 3,2012 City of Columbia Heights, Department of licensing and permits, 590 90th Ave. N.E. Columbia Heights, MN. 55421 Request for variance of property located at 4347 Central Ave N. E.. Reason for variance is change of occupancy from a Business B-type to a Mercantile M-Type. The M-Type will sell new?tires and tire repair. This change requires a re-evaluation of existing site conditions to meet current zoning requirements and city ordinance. Variance 1. Suspend 5' side yard set back At south property line to allow use for vehicular circulation. Variance 2.Allow 18'driveway in lieu of 21'wide driveway required by city. Currently, this is the way the existing parking is used, but due to the change in occupancy, a variance is required. Sincerely, Michael A. Medina AJ.A. Architect Minnesota Registration Number 15843 4a 100 CI In c = e Q o a � el';Z tar,v CL , Lc?. W N CD4 cu O 4} 0 U � N 4 O •_... —0 >. 2 D < -1, > 1 V) 0 Ln Ln O N N. N co I ID E IO. 0 EI N 0 U L W '5, Q. O U X, C J +J Q1 Q 0_ co W E CU U (/) Q) W 4 W 13 co co m.t c 0_ E U �� cz E co C CT CU C �p r-I O N V LW 0 N C CI �J N N 0 c6 . - to L � cm 2 o L a) C6 +-' v) — _c V U SD N 73 CL 0 uCL) -2 L.)(1) U C c 0 F_-- .C c6 ca 0 Z _ _ — .+� °� U � `V C 4 v� — a 0 U U v) c O -, F- C m 0 O _o 0 o O o It.. 1 sue._ - Q) L L o O. c on• Q Q .- Q f`. 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